Gender Identity or Gender Expression Discrimination

California prohibits discrimination based on gender identity or gender expression. This is one of the ways that the California Fair Employment and Housing Act offers stronger protection for employees than federal law. Under California law, an employer cannot take any adverse action against an employee because of stereotypes about how someone of a certain sex or gender is supposed to act or present.

Some examples of discrimination on the basis of gender identity or gender expression include:

Requiring an employee to adhere to specific attire or grooming requirements that do not conform to the gender with which they identify. Examples include requiring that an employee who identifies as male wear a uniform typically assigned to females or instructing an employee who identifies as female to cut their hair to a style typically worn by men

Refusing to use the name or pronouns with which an employee identifies

Making jokes, slurs, or threatening comments related to an employee’s gender identity

Terminating, refusing to hire, demoting, or refusing to promote an employee because they are having gender reassignment surgery

Refusing to allow employees to use the restroom designated for the gender with which they identity

Terminating or refusing to hire an employee because of their gender identity or expression

Despite many advances, discrimination because of gender identity or expression is still prevalent in the workplace. If you have been subject to adverse action because of your gender expression or identity, The Schlehr Law Firm is ready to advocate for your rights.

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