Starting July 1, 2017, California employers will be required to comply with a new set of State regulations governing the hiring and employment of transgender individuals, pursuant to the Fair Employment & Housing Act (“FEHA”).
The new regulations expand the FEHA’s protection against discrimination and harassment to protect applicants and employees who are transitioning their gender (or have transitioned). It will be unlawful to inquire about an applicant or employee’s transgender status. Employers must also abide by an employee’s request to be identified with a preferred gender, name, and/or pronoun. It shall not be considered a misrepresentation for an applicant to use a name on an application form that is inconsistent with the applicant’s assigned sex at birth.
Additionally, all employees will have a right to use safe and appropriate restroom, dressing room and locker room facilities that correspond to the employee’s gender identity. An employer may need to make accommodations for any employee who desires increased privacy as a result of these changes, such as use of a private space. However, no employee can be forced to use a separate space.
For more information, see our “Articles” page at www.LightGablerLaw.com for a more detailed discussion in our article entitled “Transgender at Work: Bathrooms & Beyond!"