Transgender Discrimination

In California, employees are afforded significant protections against transgender discrimination under both state and federal laws. These protections are designed to ensure a safe and equal workplace environment for transgender individuals. Here’s a concise overview:

California Fair Employment and Housing Act (FEHA)

• Broad Protections: FEHA explicitly prohibits employment discrimination based on gender identity and gender expression, among other protected categories. This includes protections for transgender, non-binary, and gender non-conforming individuals.
• All Areas of Employment: Discrimination is prohibited in hiring, termination, promotion, compensation, job training, and other employment conditions.
• Restroom Accessibility: Employers must allow employees to use facilities that correspond to their gender identity or gender expression.
• Dress Code: Employers must permit employees to dress consistently with their gender identity or expression.
• Harassment and Retaliation: FEHA also prohibits harassment and retaliation against employees for asserting their rights under the Act.

Title VII of the Civil Rights Act of 1964

• Federal Protections: The U.S. Supreme Court has interpreted Title VII’s prohibition of sex discrimination to include discrimination based on gender identity and sexual orientation. This means transgender individuals are protected against discrimination in workplaces nationwide.
• Enforcement: The Equal Employment Opportunity Commission (EEOC) enforces these protections at the federal level.

Additional State Regulations

• Training Requirements: California law requires employers to provide training on sexual harassment and gender identity discrimination to all supervisory employees.
• Health Benefits: State regulations also mandate that health plans do not discriminate against individuals on the basis of gender identity or gender expression.

Legal Remedies and Reporting

Transgender individuals in California who face discrimination have the right to file a complaint with the California Department of Fair Employment and Housing (DFEH) or the EEOC. Remedies can include job reinstatement, back pay, damages for emotional distress, and attorney fees.

California’s comprehensive protections and proactive stance against transgender discrimination underscore the state’s commitment to equality and justice in the workplace. Employees are encouraged to understand their rights and seek legal recourse in the face of discrimination.