Gender Identity Discrimination California

Unlike the prohibition on discrimination proposed in the Nondiscrimination Act of 2003, which would not protect cross-dressing in the workplace, the gender identity laws enacted in California present unique challenges to employers and possibly socially uncomfortable situations for coworkers. For example, these laws raise legitimate concerns regarding the enforcement of dress codes and the use of traditionally single-sex facilities such as washrooms.

While these laws generally allow for the enforcement of unisex uniform policies and grooming standards, employers may not apply different standards for men and women. For example, a policy prohibiting the wearing of eye makeup should be lawful if it is enforced in a nondiscriminatory manner, but if an employer does not generally prohibit the wearing of eye makeup, it cannot prohibit a male employee from doing so. Similarly, while an employer should also be able to prohibit, in a nondiscriminatory manner, provocative, outlandish or flamboyant dress in the workplace, it is clear that regardless of the employer’s or its customers’ personal tastes or preferences, cross-dressing itself may not be prohibited.

Information about the California Gender Identity Bathroom Law

Employers with operations in California with gender-identity protections should be prepared to address the difficult issues that may arise with respect to granting transgender employees access to such traditionally single-sex facilities as restrooms and locker rooms.

For example, one recent gender identity discrimination case in Minnesota involved transgender employees suing for employment discrimination after being denied access to the restroom of their choosing by non-transgender employees who objected to granting transgender employees access to the restroom of their choosing. Unless private single-occupancy restrooms or changing rooms happen to be available in the workplace, employers that confront this issue will have to come up with creative and practical solutions that address the privacy and civil rights of both transgender and non-transgender employees.

Bona Fide Occupational Qualification Definition

Similarly, both Title VII and most state anti-discrimination laws recognize a limited bona fide occupational qualification (BFOQ) defense. This permits employers to consider a person’s gender when filling certain jobs that directly raise privacy concerns for customers or other third parties, such as restroom and locker-room attendants. However, it is unclear whether a similar BFOQ defense will be recognized with respect to transgender applicants or employees in the states that have extended equal-rights protections to them.

Gender Identity Discrimination Lawyer for LGBT Workplace Rights

If you are a victim of discrimination in the workplace, contact a discrimination lawyer at our employment law firm today to set up a consultation. We have years of experience helping victims of discrimination at work, including sexual orientation discrimination. If you need more information about gender identity discrimination or our work on behalf of gender identity discrimination cases, our discrimination lawyers will give anyone who calls our office a no charge attorney consultation. Know your workplace rights. Call today.