Update on Workplace Rights of Transgender and Non-Binary Employees

Recent California laws and regulations provide protections for transgender and non-binary employees, ranging from expanding the Fair Employment and Housing Act to prohibit discrimination on the basis of gender, gender identity, and gender expression, to specific regulatory codes that address restroom access, the option for a non-binary gender marker on state identification documents, and preferred names and pronouns. Meyers Nave Principal Camille Hamilton Pating, Chair of the Workplace Investigations Practice, published an article in the Daily Journal’s “2019 Top Labor and Employment Lawyers” special report to help employers understand their obligations and incorporate best practices.

As Camille explains in her article, California employers must review gender reporting programs for compliance under new rules, update harassment prevention training to include gender identity and expression, modify human resources policies and programs to be applicable and accessible to transgender and non-binary employees, and allow employees to use restroom facilities that correspond to their gender identity or expression. However, instead of focusing solely on technical check-the-box compliance with legal standards, employers would be well served to also focus on creating overall inclusive workplace cultures and environments that address the unique challenges and concerns experienced by transgender and non-binary employees.

Please click here to read her article.