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Worker Rights For Transgenders In California Workplaces

By Walton Law APCDecember 20, 2023February 20th, 2024No Comments

Transgender workers have faced rampant marginalization and discrimination in the workplace. California has now taken substantial steps in protecting their rights and ensuring equal treatment at the workplace. An experienced employment attorney can help you realize the legal protections afforded to transgender employees and steps employers can take for a more supportive and inclusive workplace.  

Legal Protections in California for Transgender Employees 

The Fair Employment and Housing Act (FEHA) prohibits employment discrimination in California. Your employer cannot discriminate against you based on gender identity and expression. Basically, an employer cannot refuse to hire or terminate an individual based on their transgender status. Employers are also required by the law to provide reasonable accommodations.  

Besides FEHA, other laws in California protect transgender individuals, such as: 

  • AB 1266: Transgender students are allowed to participate in sports and use locker rooms and restrooms that match their gender identity 
  • SB 179: Transgender individuals are allowed to change their gender on official documents without requiring a court order or proof of surgery 
  • SB 396: The law requires employers with at least 50 employees to provide “harassment and discrimination based on gender identity, gender expression, and sexual orientation” training 

Significant strides have been made in California workspaces to protect the rights of all, including transgender workers. Taking this into account, there’s still a lot of work to be done. If you have been discriminated against based on your gender identity, you should talk to a skilled and experienced employment law attorney.  

Employer Role in Establishing a Trans-Inclusive Workplace 

Legal protections can only do so much and it takes more than compliance with the law to create a trans-inclusive workplace. Employers can take numerous steps for creating a supportive and welcoming environment for transgender workers. This includes: 

  • Implementing gender-inclusive policies: Employers can create policies for respecting and recognizing the gender identity of all employees 
  • Training: Employers are responsible for providing gender sensitive training to their staff 
  • Celebrating diversity: Employers can host events honoring nonbinary and transgender employees
  • Creating a safe workplace: Employers should create a safe working environment for their employees that is free from harassment or discrimination of any kind 

In California, transgender rights have become an integral component of workplace equality.  

Proving Workplace Discrimination in California 

Most types of workplace discrimination regarding gender identity are subtle. Employers know that discrimination may lead to a lawsuit. They take steps for ensuring that nothing is put into writing. In fact, many employers refrain from saying anything obvious as well.  

You need to watch out for the subtle signs of discrimination. Your proof of workplace discrimination should show how you are treated differently from other workers. It may be the sudden change in attitude towards you when your supervisor or manager finds out that you identify as a transgender.  

Legal Help is Here from Top-Rated Employment Law Attorneys in California 

Walton Law is an employment and personal injury law firm with a staunch commitment to fighting for the rights of all employees, including nonbinary individuals. Our seasoned and dedicated attorneys have extensive experience in lawsuits related to workplace harassment, discrimination, and retaliation based on gender expression and identity. Schedule your free case review with our lawyers today. Call us at (866) 338-7079 or contact us online.