California Gender Nondiscrimination Law Adds New Requirements for Employers
Author: Beth P. Zoller, Brightmine Legal Editor
The California Gender Nondiscrimination Act, AB 887, signed into law on October 9, 2011 and effective on January 1, 2012, amended the California Fair Employment and Housing Act to add gender identity and gender expression as protected classes. This new law clarifies the terms gender identity and gender expression, and thereby provides greater protection to transgender individuals.
Under this new law, an employer must permit an employee to appear or dress consistently with the employee's gender expression or gender identity. It further requires that employee handbooks and trainings explicitly mention that California law does not tolerate any type of gender-based discrimination.
As a result of this new law, employees should review, and if necessary revise, employee handbooks and policies regarding discrimination, harassment, retaliation, as well as dress codes and policies regarding employee grooming and appearance and employee rest room and break areas to specifically address transgender individuals.
HR & Compliance Center has incorporated these requirements into our Employment Law Manual, has prepared a Legal Insight on the law, and has additional guidance for employers facing GLBT issues. For more information on this topic, refer to the following HR & Compliance Center Resources:
California Gender Nondiscrimination Act
Employee Management > EEO - Discrimination: California
Employee Management > EEO - Retaliation: California
Employee Management > EEO - Harassment: California
How to Prevent Discrimination Based on Sexual Orientation
Employee Management > Employee Handbooks - Work Rules - Employee Conduct