Gender Identity Discrimination Laws in California
California law protects individuals against discrimination in housing based on perceived or real gender identity discrimination. To successfully pursue any type of discrimination based on sexual orientation, a gathering of pertinent facts is necessary. All communication and incidents should be recorded (in a notepad, video recording can be thrown out of court) and saved along with any other evidence that proves the gender identity discrimination. Your own communication with the offending parties is key as well.
Civil Rights Laws Impact on Gender Discrimination
Previously, civil rights laws were less evolved than now. Over the years, they have improved to include enforcement to class action litigation. The movement saw the segregation of blacks and whites challenged and defeated.
Landmark court decisions have ensured that women are among the groups protected from discrimination in the workplace and in educational institutions based on their sex. Now, as different communities join the ranks of minorities fighting to have the same rights granted to all, an addendum to legislation is being introduced to include this group.
The state of California is a front runner in such legislation. Although no federal law explicitly protects transgendered individuals from workplace discrimination, California law includes them in the Fair Employment and Housing Act.
What Does FEHA Do?
The law prohibits the discrimination of transgendered people in hiring/ firing practices, distribution of compensation, and terms, conditions, and special privileges of employment. Harassment, which is any behavior that creates a hostile environment, by superiors and co-workers is also prohibited. Such behavior is illegal if it is so severe that it interferes with an individual’s ability to perform their work.
Association discrimination is also punishable under Fair Employment and Housing Act. This protects significant others, friends, family, and allies of transgendered people from workplace discrimination. Coming out as lesbian, gay or bisexual has been interpreted by the California Supreme Court as political activity, and is thus protected under California Labor law which prohibits employers from preventing or punishing an employee’s political activity. In regards to individuals who are transgendered, should they encounter discrimination following revealing their gender status or transformation, they can be defended under these sections interpreting their actions as protected political acts.
Definitions for what it is to be transgendered are varied. A generally excepted concept is a person whose gender identity differs from their biological sex. Gender and sex differences in that the latter refers to a social concept of what practices are typical of a man or woman. Sex is the biological distinction in a species between male or female. It is important to recognize that one’s gender identity, self-identification as a man, woman, or neither, is not an indication of sexual orientation.
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