There are many laws that employers must follow in California. Among others, employers must follow the laws governing wages and hours, those prohibiting gender discrimination and harassment and many others as well.
Gender discrimination has received much attention recently. In that respect, it is important that employers understand what rights transgender employees have in the California workplace.
To help ensure that all employers and employees understand those rights, employers with five or more employees must post an approved poster in the workplace. These posters must state the definition of transgender and gender transition. The poster must also state what accommodations the employer must make for transgender employees. Finally the poster must state how an employee can file a complaint.
Hanging the posters is one step the employer must take, but they also must protect the rights contained in the poster as well. Employers are not allowed to discriminate against transgender employees and cannot ask them questions about their gender, must allow them to dress in accordance with their gender identity and either have gender neutral bathrooms or allow employees to use the bathroom according to their gender identity or expression.
People in California have different gender identities and those identities do not affect their ability to work. Therefore, employers need to allow the employer to live their life accordingly and only evaluate them based on their work performance. If they make any adverse decisions based on the employee’s gender identity or expression they may be required to compensate the employee for any back pay they lost or emotional distress they may have caused. It is important to know what an employee is entitled to, and experienced attorneys may be a useful resource.