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.

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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.

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