Society in California has slowly progressed in their understanding and acceptance of people from all cultures, sexual orientation and other differences. For a long time the law in California has tried to ensure that all people are treated equally, but over time as our understanding of people changes the laws have changed as well. This is true in the workplace as well. Over time the protected classes have grown larger and now transgender individuals are a protected class as well.
Employers who treat transgender individuals differently may be guilty of sex discrimination. So, to help everyone’s understand of who is considered transgender and what rights those individuals have in the workplace, all employers in California must now display posters stating transgender rights. The goal of this law is to help reduce any discrimination against transgender individuals.
The posters must be displayed prominently and contain definitions of transgender, gender transition, gender identity and other definitions. They must also state transgender rights for bathrooms and locker rooms and the laws regarding dress code. In addition to having these posters, employers with at least 50 employees must also train supervisors in transgender rights and handling complaints. If employers do not do these things or still discriminate against transgender employees, they may be required to compensate the employees for this discrimination.
There are many transgender employees in California and they must be treated like all other employees and allowed to be themselves within the workplace. The required posters will hopefully help employers understand these rights and stop some of the discrimination, but not all employers will and transgender employees may have discrimination claims against them. If successful the employee may be entitled to compensation in the form of back pay, future pay, reinstatement to their old job and others. These are highly fact-specific cases though and experienced attorneys may be able to guide one through the process.
Source: www.hrwatchdog.calchamber.com, “New Mandatory Poster on Transgender Rights for California Workplaces” Gail Cecchettini Whaley, Nov. 21, 2017