Your Rights as a Transgender Worker in California

Transitioning is never easy, especially when you work in an unsupportive environment. Many transgender people experience discrimination in the workplace.

With the Civil Rights Act of 1964, the federal government made it illegal to discriminate against someone based on their race, color, religion, national origin, or sex – but while many interpret the law as protecting transgender or non-conforming gender, it does not offer specific protections for this group of workers. Fortunately, California laws detail more specific protection for this growing community of employees.

Fair Employment and Housing Act (FEHA) prohibits employment discrimination based on sex, sexual orientation, gender identity, and gender expression, for example. These laws support a wide variety of rights in the workplace.

Your Rights As A Transgender Worker

Like all other employees, you have rights in the workplace. These rights help ensure that you feel safe and are as productive as possible.

The Right To Apply For The Jobs You Want

You have the right to apply for positions that you feel qualified for and are interested in. An employer cannot refuse to hire you solely because of your transgender status. You also have the right to participate in training programs.

The Right To Work Without Harassment

Victims of workplace harassment often experience physical and mental health issues. Harassment can also reduce productivity and create a hostile work environment for everyone.

Examples of harassment include making jokes, and lewd, or derogatory remarks based on your gender identity. Name-calling, posting offensive drawings or pictures, or asking intrusive and unwelcome questions about your gender or transitioning is also workplace harassment. Providing inaccurate work-related information, excluding you from events, and threats are also considered harassment.

Employers may be liable when customers or another third-party individual harasses a transgender worker.

The Right To Complain About Harassment

Your employer cannot retaliate against you for asserting your lawful right to be free from discrimination or harassment on the job. You have the right to make a discrimination complaint to a supervisor, human resources staff member, or California’s Civil Rights Department without fear of retaliation by being fired or demoted, having your pay or hours reduced, or making other changes that affect your job.

The Right To Use The Bathroom/Locker Room Of Your Choice

All employees have the right to use a bathroom or locker room safely, without fear of harassment. Furthermore, CRD recommends providing an easily accessible, all-gender bathroom for use by a single individual at a time.

The Right To Keep Your Gender Identity Private

You have the right to be as public or private about your gender identity as you desire. This means an employer or potential employer cannot ask you questions to determine your gender, find out why you changed your name, or if you have had or plan to have gender-affirming care or surgery.

The Right To Be Addressed By Your Chosen Name Or Pronoun

While your employer may have to use your legal name in specific employment records, you have the right to be called by your preferred name or pronoun, without changing your legal name, amending your birth certificate, or having gender-affirming surgery.

Are You Prevented From Exercising Your Rights At Your Job Because You Are Transgender? Contact Your California Employment Lawyers At D.Law!

California laws protect your right to work without fear, harassment, or retaliation because you are transgender. If you think you are discriminated against in your workplace because you are transgender, contact or call D.Law. Our attorneys are experts in employment law and can help you exercise your rights as a worker in the Bay Area, San Diego, Fresno, Los Angeles, and other CA cities.