Gender Identity & Gender Expression Discrimination in Los Angeles
In California, your employer cannot treat you worse because you are transgender, nonbinary, or because the way you dress, speak, or carry yourself does not match what someone expects of your sex. That is the law, and it has been for years.
What the law protects
California’s main anti-discrimination law, the Fair Employment and Housing Act, lists gender identity and gender expression as protected. In plain words:
- Gender identity is your own sense of your gender, whether or not it matches the sex you were assigned at birth.
- Gender expression is how you show your gender to the world: your clothes, hair, voice, name, pronouns, and mannerisms.
You are protected whether you are transgender, nonbinary, or cisgender. You are also protected if your employer only thinks you are transgender, or treats you badly because you do not fit a stereotype.
Federal law protects you too. In 2020, the U.S. Supreme Court ruled that firing someone for being transgender is sex discrimination under Title VII of the Civil Rights Act.
What discrimination looks like
- Firing, demoting, or refusing to hire you after you come out or transition.
- Refusing to use your name or pronouns after you have asked.
- Forcing you to use a restroom or locker room that does not match your gender identity.
- Dress codes that require you to dress according to your sex assigned at birth.
- Jokes, slurs, or “questions” about your body or your transition.
- Cutting your hours, moving you out of sight of customers, or passing you over for promotion.
- Denying health coverage for transition-related care that the plan would cover for other reasons.
Your rights at work in California
- Name and pronouns. Your employer must use the name and pronouns you ask for, even if your legal name has not changed. The only exception is when a legal name is required on a form.
- Restrooms. You have the right to use the facility that matches your gender identity. Single-stall restrooms in businesses must be marked all-gender.
- Dress and grooming. Any dress code must let you dress in a way that matches your gender identity and expression.
- Privacy. Your employer cannot ask about your transition status or medical history, and cannot share it.
- No retaliation. You cannot be punished for complaining about any of this.
These rules apply to every California employer with five or more employees. The rules against harassment apply to every employer, even one with a single employee.
What you can do now
- Write down each incident: date, who was there, what was said or done.
- Save emails, texts, schedules, and write-ups.
- Report it in writing to HR or a manager, and keep a copy.
- Talk to a lawyer before you resign. You may have a claim even if you have not been fired.
You generally have three years to file a complaint with the California Civil Rights Department, and you must do that before you can sue in court. We handle that step for you.
Related pages
Contact us online or call (877) 242-7034 for a free initial consultation. Hablamos Español (877) 452-0078.
This page is general information, not legal advice about your situation.
Contact The Spivak Law Firm Today
