The new regulations that expand existing protections under California’s Fair Employment and Housing Act (FEHA) for transgender individuals and others go into effect July 1, 2017. As California employers know, FEHA prohibits harassment and discrimination against individuals on the basis of many protected classes, including gender, gender identity, and gender expression. Below is a brief
Trump Withdraws Transgender Bathroom Guidance
In May 2016, North Carolina governor Pat McCrory signed into law a bill (HB2) that required transgender people to use restrooms corresponding to their biological sex. On May 13, 2016, the Obama administration’s Justice Department and the Department of Education responded by sending letters to U.S. public school districts directing them to allow students to
DFEH Releases New Guidance Regarding Transgender Employees
The Department of Fair Employment and Housing (“DFEH”) recently issued new guidance for employers to prevent discrimination against transgender employees, who are protected under California’s Fair Employment & Housing Act (“FEHA”). Since 2012, FEHA protection has been extended to include gender identity and gender expression categories, and defines “gender expression” to mean a “person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.” The DFEH’s new brochure, called “Transgender Rights in the Workplace” (available here), makes clear that employers must allow transgender employees access to restroom, shower, locker room and other such facilities that correspond with their gender identity. It also suggests that providing individual or unisex restrooms, where possible, can enhance privacy for all employees.
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OSHA Has Issued its Best Practices Guidelines Entitled “A Guide to Restroom Access for Transgender Workers”
At a time when the world is reading about Bruce Jenner’s gender transition to Caitlyn Jenner, the federal Occupational Safety and Health Association (OSHA) has issued its best practices guidelines regarding providing restroom access for transgender employees.
In summary, here is what OSHA says:
The employee should determine the most appropriate and safest option for
Department of Transportation to Track Contracting Activity with Businesses Owned by the LBGT Community
Existing law required that the Department of General Services track and report on the State’s contracting activity with businesses, including such owner characteristics as ethnicity, race and gender. AB 1960 simply extends the characteristics tracked in the database to include businesses owned by lesbian, gay, bisexual, or transgender individuals. While California