Gender Identity Discrimination in California Workplaces

Gender identity discrimination is the treatment of someone unfairly or unequally based on their gender identity or expression. Gender identity discrimination in workplaces has been a major source of concern, especially for the LGBT community. You may be undergoing gender identity discrimination at your workplace and you have no idea that it is illegal and you can take actions against it.

What Are The Signs Of Gender Discrimination At The Workplace?

• Being forced by your employer to uphold a dressing standard that is inconsistent with your gender identity or expression.
• Being required by your employer to use restrooms of a gender that you do not conform to.
• Being given less pay denied promotions or employment because of your gender identity.
• Being fired because of undergoing a sex reassignment surgery.
• Being teased or threatened by workmates or your employer because of your gender identity or failure to refer to you by your new name.

What Are The Laws That Protect You?

The California Fair Employment and Housing Act (FEHA) prohibits employment discrimination and harassment of workers on the basis of gender identity.

The Gender Nondiscrimination Act has also brought more clarity on the existing laws by adding “gender identity” and “gender expression” to their categories. Regulations have also been added to the act regarding transgender identity and expression at work. The new regulations require all employers within the state of California to follow and implement policies regarding issues of:

Dressing: Employers cannot impose a dressing standard inconsistent with the employee’s gender expression.

Restrooms: Must be equal facilities regardless of one’s gender identity as backed by the California’s Equal Restroom Act. Employees must be permitted to use the restroom they best identify with.

Transitioning: The regulations prohibit discrimination on any employee, before, during or after transitioning.

Preferred name and identity: Employers should follow the employees’ request to be addressed by their preferred name that conforms to their new gender identity.

Documentation: An employer should not inquire into the sex, gender or expression of a person as a condition of employment.

What Action Can I Take If I Feel Discriminated Due To My Gender Identity At My Work Place?

If you feel you are being harassed or discriminated at work, it is essential that you consult a California Employment Lawyer with evidence of the discrimination in the form of letters or emails and names of the harassers so as to build a strong case.

Why Is The Gender Non-Discrimination Act Important?

This Act was put in place not just to protect transgender people but to let every other person know that discriminating against someone on the basis of their gender expression is illegal. It covers every part of California with exception to federal workers because they are not protected by non-discrimination laws.