California Employment Protections Expanded to Include Gender Identity and Gender Expression

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CALIFORNIA EMPLOYMENT PROTECTIONS EXPANDED TO INCLUDE GENDER IDENTITY AND GENDER EXPRESSION

Just in time for pride week, California has expanded its regulations to include protections against discrimination based on gender identity or gender expression. As an employer, it is important to speak with your legal counsel to understand what that means for you. As we make employees from all walks of life feel welcomed and empowered, employers should look to updating policies and practices to provide an inclusive environment. Some of the new regulations include:

  • ​Employers must allow employees to use facilities that correspond to the employee’s gender identity or expression, regardless of assigned sex at birth. ​
  • All single occupancy facilities must have gender neutral signage
  • Employees cannot be required to provide proof of medical operation or procedure establishing gender.
  • Employers are required to provide alternatives, such as locking toilet stalls, to respect the privacy interests of all employees.
  • Dress codes cannot impose require standards inconsistent with gender identity or expression.
  • Employers may be liable for failure to abide by requests for employees to be identified as gender-neutral.
  • Legal names are only permitted for use to meet a legally-mandated obligation.
  • Employers cannot require documentation of proof of gender.
  • Employers cannot deny employment based on gender identity or gender expression.
  • It is unlawful to discriminate against employees who are transitioning.

For more information on how to ensure you are in compliance with the new regulations or other California Labor Laws, contact the attorneys at Chauvel & Glatt, LLP at (650) 573-9500 for more information.

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