California: New Transgender Identity Regulations

In California, several new policies related to transgender identity and expression will go into effect on July 1, 2018, which were approved by the CA Department of Fair Employment and Housing (DFEH) in May. Employers will be required to “provide equal access to facilities regardless of the sex of the employee” and employees “must be permitted to use facilities that correspond to the employee’s gender identity or gender expression”. Additionally, the regulations “prohibit discriminating against an individual who is transitioning or has transitioned, or is perceived to be gender transitioning”. Other new orders include policies related to dress standard, an employee’s preferred name or identity, and “documentation on sex, gender, gender identity, or gender expression as a condition of employment”. Employers should review all current policies to ensure compliance with these new regulations, including a review of employee handbooks.

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