California Transgender Rights in the Workplace Poster Required

TRANSGENDER 
RIGHTS IN THE 
WORKPLACE	
TRANSGENDER 
RIGHTS IN THE 
WORKPLACE
WHAT DOES 
“TRANSGENDER” MEAN?
T ransgender is a term used to d escribe people whose 
gender identity differs from the sex they were assigne d at 
birth. Gender expression is defined by the law to mean a 
“person’s gender-related appearance and beha vior 
whether or no t stereotypically associated with the 
person’s assigned se x at birth.“ Gender identity and 
gender expression are pr otected characteristics under 
the F air Employment and Housing Act. That means that 
employers may not discriminate against someone 
because the y identify as transgender o r gender 
non-conforming. This includes the perception that 
someone is transgender or gender non-conforming.
WHA T IS A GENDER TRANSITION?
1.“Social transition” involves a process of socially 
aligning one’s gender with the internal sense of self (e.g., 
changes in name and pronoun, bathroom facility usage, 
participation in activities like spo rts teams).
2. “Physical transition” refers to me dical treatments an 
individual may undergo t o physically align their body with 
internal sense of self (e.g., hormone therapies or
surgical procedures).
A person does not need to co mplete any particular step 
in a gender transitio n in order to be protected by the la w. An 
employe r may not condition its treatment or 
accommodation of a transitioning employee upon 
completion of a particular st ep in a gender transition.
F AQ FOR EMPLO YERS
An employer who r
equires a dress code mu st enforce it in 
a non-discriminatory manner. This means that, unless an 
employer can demonstrate business necessity, each 
employee must be allowed to dress in accordance with 
their gender identity and gender expression. 
T ransgender or gender non-conforming employees may 
not be held to any different standard of dress or 
grooming than any other employee. 
 All employees have a right to safe and appr
opriate restroom 
and lo cker room facilities. This includes the r ight to use a 
restroom or locker room that corresponds to the e mployee’s 
gender identity , regardless of the employee’s assigned se x 
at birth. In addition, where possible, an employer sho uld 
provide an easily accessible unisex single st all bathroom for 
use b y any employee who de sires increased privacy, 
regardless of the underlying reason. Use o f a unisex single 
stall restroom should always be a matter of choice. No 
employee sho uld be forced t o use one e ither as a matter o f 
policy or d ue to harassment in a gender-appropriate f acility. 
Unless exempted by other provisions of state la w, all 
single-user t oilet facilities in any business establishment, 
place of public accommodation, or state or lo cal government 
agency must be ide ntified as all-gender toilet f acilities. 
FILING A COMPLAINT
If you belie ve you are a victim of discrimination you ma y, 
within three years* of the d iscrimination, file a complaint of 
discrimination by contacting DFEH.
T o sche dule an appointment, contact the Co mmunication 
Center below. 
If you ha ve a disability that requires a reasonable 
accommodation, the DFEH can assist you b y scribing your 
intake by phone o r, for individuals who are De af or Hard of 
Hearing or have speech disabilities, through the California 
Relay Service ( 71 1), or you can contact us below.
CONTACT US
T oll Free: (800) 884-1684
TTY: (800) 700-2320 
[email protected]
www.dfeh.ca.gov  
	
* Effective 1/1/2020.
	DFEH-E04P-ENG / December  2019