California Transgender Rights in the Workplace Poster

Transgender is a term used to describe people whose gender 
identity differs from the sex they were assigned at birth. 
Gender expression is defined by the law to mean a “person’s 
gender-related appearance and behavior whether or not 
stereotypically associated with the person’s assigned sex at 
birth.“ Gender identity and gender expression are protected 
characteristics under the Fair Employment and Housing Act. 
That means that employers, housing providers, and businesses 
may not discriminate against someone because they identify 
as transgender or gender non-conforming. This includes 
the perception that someone is transgender or gender non-
conforming. 
What is an employer allowed to ask?  Employers may ask about 
an employee’s employment history, and may ask for personal 
references, in addition to other non-discriminatory questions. 
An interviewer should not ask questions designed to detect a 
person’s gender identity, including asking about their marital 
status, spouse’s name, or relation of household members to 
one another. Employers should not ask questions about a 
person’s body or whether they plan to have surgery.
How do employers implement dress codes and grooming 
standards?  An employer who requires a dress code must 
enforce it in a non-discriminatory manner. This means that, 
unless an employer can demonstrate business necessity, each 
WHAT DOES “TRANSGENDER” MEAN?
FAQ FOR EMPLOYERS
1
2
WHAT IS A GENDER TRANSITION?
A person does not need to complete any particular step in 
a gender transition in order to be protected by the law. An 
employer may not condition its treatment or accommodation 
of a transitioning employee upon completion of a particular 
step in a gender transition.  “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 sports teams). 
“Physical transition”  refers to medical treatments an 
individual may undergo to physically align their body    
with internal sense of self (e.g., hormone therapies or 
surgical procedures).	
DFEH-E04P-ENG / November 2017	
TRANSGENDER RIGHTS 
IN THE WORKPLACE
THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING	
employee must be allowed to dress in accordance with their 
gender identity and gender expression. Transgender or gender 
non-conforming employees may not be held to any different 
standard of dress or grooming than any other employee. 
What are the obligations of employers when it comes to 
bathrooms, showers, and locker rooms? All employees have 
a right to safe and appropriate restroom and locker room 
facilities. This includes the right to use a restroom or locker 
room that corresponds to the employee’s gender identity, 
regardless of the employee’s assigned sex at birth. In addition, 
where possible, an employer should provide an easily accessible 
unisex single stall bathroom for use by any  employee who 
desires increased privacy, regardless of the underlying reason. 
Use of a unisex single stall restroom should always be a matter 
of choice. No employee should be forced to use one either as a 
matter of policy or due to harassment in a gender-appropriate 
facility. Unless exempted by other provisions of state law, all 
single-user toilet facilities in any business establishment, place 
of public accommodation, or state or local government agency 
must be identified as all-gender toilet facilities.
If you believe you are a victim of discrimination you may, within 
one year of the discrimination, file a complaint of discrimination 
by contacting DFEH. 
If you have a disability that prevents you from submitting a 
written intake form on-line, by mail, or email, DFEH can assist 
you by scribing your intake by phone or, for individuals who are 
Deaf or Hard of Hearing or have speech disabilities, through 
the California Relay Service (711), or call us through your VRS 
at (800) 884-1684 (voice). DFEH is committed to providing 
access to our materials in an alternative format as a reasonable 
accommodation for people with disabilities when requested. 
To schedule an appointment or to discuss your preferred format 
to access our materials or webpages, contact the Communication 
Center at (800) 884-1684 (voice or via relay operator 711) or 
(800) 700-2320 (TTY) or by email at [email protected]
FILING A COMPLAINT
FOR MORE INFORMATION	
Department of Fair Employment and Housing 
Toll Free: (800) 884-1684    TTY: (800) 700-2320    dfeh.ca.gov 
Also find us on: