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Expansion of Transgender Protections – New Regulations in California

Effective July 1, 2017, the State of California will adopt new regulations regarding transgender identity and expression.

Currently, under the California Fair Employment and Housing Act (FEHA), individuals who identify as transgender are afforded certain legal protections based on their gender identity and gender expression, not the sex assigned at birth.

The new regulations will expand the existing protections for transgender individuals by:

  • Making it unlawful for employers to inquire or require documentation or proof of an individual’s sex, gender, gender identity, or gender expression as a condition of employment.
  • Specifying that employers must honor an employee’s request to be identified by a preferred gender, name or pronoun, the employer must honor that request.
  • Prohibiting discrimination against transitioning employees and those perceived to be transitioning.
  • Allowing individuals equal access to restrooms, showers, locker rooms, and similar facilities that correspond to their gender identity and expression.

The new regulations follow California’s new law that mandates that all single-occupancy restrooms in any business establishment be identified as “all gender” facilities, rather than male or female.

If you would like to obtain more information regarding the new regulations concerning transgender identity and expression, please visit the FEHA’s website HERE.