It is illegal for an employer to discriminate or harass an employee based on their gender identity or gender expression. This means that an employer cannot harass, discipline, fire, demote, fail to hire, deny promotion, or otherwise take employment actions against people based on their gender identity or gender expression – including those who are transitioning at work. California Government Code § 12940, et seq.
Recognizes that “sex” and “gender” includes a person’s gender identity and gender expression related to that person’s appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. California Government Code § 12926(r)
A transgender or transitioning person at work should be allowed to dress in the clothes and in the manner in which they identify. A dress code cannot be used to prevent a transgender employee from living full-time in the role consistent with his or her gender identity or expression. California Government Code § 12949
Names and Pro-nouns
Employers must allow bathroom access to the bathroom corresponding to an employees’ gender identity. This includes access to restrooms, locker rooms, changing rooms, etc. that are consistent with his or her gender identity/expression.
Co-workers, managers, supervisors and employers should use the name and pronoun appropriate to the employee’s gender identity/expression. This includes in emails, letters, official personnel forms, etc. Continued misuse or intentional misuse of the employee’s name and/or pronoun is harmful to the transgender/transitioning person’s mental health. Further, such misuse of the proper name or pronoun could be considered a form of harassment or discrimination.