The Basics of Gender Identity Discrimination Laws
When it comes to gender identity discrimination in California, there is a standing legal prohibition of any discrimination against transgender or any other gender non-conforming individuals when it comes to employment and housing dating back to 2004. In 2005, the same law, which is called Gender Nondiscrimination Act, was expanded to include public accommodations. Recently, this law also included the distinction between “gender expression” and “gender identity” by making them enumerated categories that are also protected under it. Here are the most important facts about this law and what does it mean in people’s everyday lives.
Areas under the Protection of the Law
The act prohibits gender identity discrimination in practically every domain of life in California, covering public accommodation, housing, education, employment, and insurance. Because of it, a person cannot be fired from their job because of being a transgender or gender non-conforming, their landlord does not have the power to evict them for this reason, they cannot be made to use a restroom that does not match their gender identity at a hospitality industry location like a restaurant or a bar, and medical practitioners cannot deny treatment to a person because of them being transgender.
Federal Employees and the Gender Nondiscrimination Act
All federal agencies operating in California are not subjects of this law. Because they and their employees operate under the federal movement, they do not enjoy the protection of the laws that were passed on the state level. However, the precedent is that federal workers in California, as well as many other states, are under the protection from any gender identity discrimination based on Title VII and its prohibition of sex stereotyping.
The Act and Churches, Church-Run Businesses and Non-Profit Organizations
Under this law, no religious exception is valid for discrimination in the domain of public accommodations and housing. Because of this, religious-based hospitals are forbidden to discriminate based on sexual identity or transgender status. The same applies to homeless shelters run by the religious-based organization. However, the religious-based educational institutions are not under the jurisdiction of this law, so its effects are not valid in those schools, colleges, and universities.
Workplace Issues Related to the Law
All employees have a guaranteed right to appropriate and safe restroom facilities at their place of work. This includes the uses of a restroom that is in line with the identity of the employee’s gender. When it comes to uniforms, the employers have a right to implement a dress code that is gender-based. But, no employer can force an employee to use or wear any uniform that is not in line with the gender identity or impression of that person.
With these facts, anyone can have a clear understanding of their rights related to gender identity discrimination in the state of California.
Photo Credit: Shutterstock/nathings