September 29, 2020
California’s LGBTQ laws preventing discrimination are some of the most protective laws in the coungry for the transgender community.
California Government Code section 12900, et seq., and Senate Bill 396 (“SB396”)
The California Fair Employment and Housing Act (“FEHA”), under Government Code section 12900, et seq., finds certain employment practices, including sex-based discrimination, unlawful. To better protect the rights of the transgender community, SB396 amended the FEHA to include several policies to avoid harassment based on gender identity and expression. These policies include, but are not limited to:
– Employers with fifty or more employees must provide at least two hours of training and education regarding sexual harassment. For more information, please read our article titled “Sexual Harassment Training for Your Supervisory Employees.”
– Employers with fifty or more employees must include training regarding gender expression, gender identity, and sexual orientation (including transgender orientation).
– All employers must post a poster regarding discrimination in the workplace for employees.
California Code of Regulations, title 2, section 11030
California Code of Regulations, title 2, section 11030 defines gender expression, gender identity, and transgender orientation.
a person’s gender-related appearance or behavior, or the perception of such appearance or behavior, whether or not stereotypically associated with the person’s sex assigned at birth.
each person’s internal understanding of their gender, or the perception of a person’s gender identity, which may include male, female, a combination of male and female, neither male nor female, a gender different from the person’s sex assigned at birth, or transgender.
a person whose gender identity differs from the person’s sex assigned at birth. A transgender person may or may not have a gender expression that is different from the social expectations of the sex assigned at birth. A transgender person may or may not identify as “transsexual.”
Employers should remain proactive when it comes to training supervisors and employees on how to handle different gender identities.
Need more information?
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This article is based on the law as of the date posted at the top of the article. This article does not constitute the provision of legal advice, and does not by itself create an attorney-client relationship with Eskridge Law.