Understand California’s protections against harassment and discrimination based on gender identity and expression.
Understand protections under California’s Fair Employment and Housing Act
Identify illegal harassment based on gender identity or sexual orientation
Ensure employees can use facilities aligned with their gender identity
Respect and enforce the use of preferred names and pronouns
Recognize and address retaliation in cases of harassment reporting
Promote a workplace free from discrimination and exclusion
In California, the Fair Employment and Housing Act prohibits harassment and discrimination based on gender identity, gender expression, transitioning, or sexual orientation. This means that employers must create a safe and inclusive work environment for all employees, regardless of how they identify or express their gender.
Gender identity is an individual’s internal understanding of their gender, while gender expression refers to outward appearance or behavior, which may or may not conform to traditional stereotypes. California law protects employees who are transitioning, have transitioned, or are perceived to be transitioning. It also ensures the rights of employees to use facilities, dress, and participate in activities consistent with their gender identity.
Employers must respect an employee's chosen name and pronouns, provide appropriate restroom and locker facilities, and prevent harassment, including offensive language, exclusion, or isolating behaviors. Retaliation for reporting harassment or discrimination is also illegal.
Supervisors must understand these protections and ensure a respectful workplace by preventing and addressing any form of harassment or discrimination. Employers and supervisors who fail to comply with these rules may face legal consequences, including personal liability.
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