Gender Identity + Expression (Transgender + Transsexuality)

California law prohibits discrimination against employees based on their gender identity and gender expression. Most employers may not harass employees or make employment decisions such as hiring, termination, promotion, training, or compensation because an employee’s perceived gender or anatomic sex is incongruent with their gender identity and expression. Most employers also may not retaliate against employees who complain about harassment or discrimination based on gender identity or expression.

Gender identity discrimination is a form of unlawful sex discrimination. Just as employers may not discriminate against employees because they fail to conform to traditional gender stereotypes of masculinity or femininity, employers may not do so because employees do not conform to stereotypes of gender identity and gender expression.

Many transgender employees face serious discrimination and harassment in the workplace. This may include terminating employees after they undergo a sex change, refusing them access to workplace restroom facilities, or disciplining them for wearing clothing appropriate to their gender identity.

The law in this area is still developing and, therefore, is constantly changing. If you believe you may have been discriminated against, harassed, or terminated because of your gender identity or gender expression, or your employer is retaliating against you for complaining about gender identity harassment or discrimination, you need employment law specialists on your side. Sarnoff + Sarnoff is committed to advancing employee rights and bringing to justice any employer that engages in, encourages, or fails to prevent discrimination, harassment, or retaliation in the workplace. Give us a call at (415) 788-0888, email us at info@sarnofflaw.com, or complete our online contact form to find out whether your rights have been violated and if we can help.

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