The Fair Employment and Housing Act (FEHA) offers vital protections for transgender individuals in California. This comprehensive law prohibits workplace discrimination based on gender identity and gender expression.
Transgender employees have the right to equal treatment and opportunity in hiring, advancement, and other employment practices. FEHA also mandates that employers provide reasonable accommodations related to gender identity, creating a framework for inclusivity.
Here is an overview of the rights transgender citizens have in California.
What Is the FEHA?
The Fair Employment and Housing Act (FEHA) represents one of California's strongest legal measures against discrimination. Passed to protect residents from unjust treatment, the law targets barriers in employment, housing, and public accommodations.
FEHA prohibits discrimination based on a range of protected characteristics, including
- Age
- Race
- Religion
- Disability
- Gender identity
With this wide scope, the law applies to public and private employers, housing providers, and business establishments.
Protections in the workplace cover:
- Wages
- Hiring, promotions
- Working conditions
FEHA also prevents landlords from refusing housing to tenants based on protected traits. Public accommodations, ranging from stores to public spaces, also fall under this robust legal framework.
Protections for Transgender Employees Under FEHA
Under this law, "gender identity" refers to a person's deeply held sense of being male, female, or something else. This identity may not align with their assigned sex at birth. "Gender expression" encompasses behaviors, appearances, or mannerisms that reflect a person's gender, regardless of societal expectations.
FEHA prohibits discrimination in the workplace based on these protected characteristics. Employers cannot treat transgender employees unfairly in hiring, firing, promotions, or other employment decisions.
Employers also are also responsible for creating inclusivity for their transgender employees. Dress codes must allow flexibility to align with an individual’s gender identity. Employers are encouraged to respect the names and pronouns provided by their employees and integrate their use in workplace communications. Additionally, employees must have access to facilities, like restrooms and locker rooms, that correspond with their gender identity.
Concerns Under the Current Trump Administration
The Trump administration has adopted policies and rhetoric that challenge transgender rights. The President has publicly expressed opposition to expanding legal protections for transgender people, arguing against such measures as unnecessary.
Recent actions by the administration include attempts to redefine gender under federal law as a biological, immutable characteristic determined by sex at birth. This decision eliminates recognition of the broader spectrum of gender identities.
Additionally, the administration reversed an Obama-era directive allowing transgender students to use school facilities matching their gender identity. Such steps signal a narrowing of legal protections for transgender individuals in various areas, including education, healthcare, and military service.
These policy shifts create potential conflicts with FEHA. California’s anti-discrimination law remains robust, but federal resistance could complicate enforcement or funding for programs supporting transgender employees.
The changing federal stance frames gender identity and expression as outside the realm of civil rights protections. Such moves can create uncertainty in workplaces, potentially influencing organizational policies and cultures across the nation. This tension threatens to undermine the principles FEHA strives to uphold.
Working with an Attorney to Protect Your Rights
An experienced attorney can help safeguard your rights. Good attorneys possess in-depth knowledge of legal frameworks, and they stay updated on policy changes that may impact your case.
They can analyze complex situations, interpret the law, and provide tailored advice to address your circumstances. By monitoring shifts in regulations, attorneys identify opportunities or challenges that may arise, allowing you to make informed decisions.
With a lawyer’s help, you can navigate legal processes, reduce uncertainty, and assert your rights effectively. Through research and advocacy, attorneys work to uphold the protections afforded to you under the law.
If you believe you are facing discrimination in the workplace, Benton Employment Law, PC is here to help. We offer free consultations, so contact us online or call our office at (510) 650-0250.