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.

Photo Credit: Shutterstock/nathings

The post Gender Identity Discrimination Laws in California appeared first on UELG.

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.

The post Gender Identity Discrimination in California Workplaces appeared first on UELG.