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New California Law Protects Transgender Rights at Work
California has passed a new law that strengthens the civil rights for all transgender individuals.
November 09, 2011 /Law and Legal PR News/ -- New California Law Protects Transgender Rights at Work
This October, California Gov. Jerry Brown signed into law a new measure that strengthens civil rights for all of California's transgender individuals.
The new law amends state anti-discrimination laws to also define gender as meaning "a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth." This means state non-discrimination laws in the workplace now explicitly protect a person according to the gender he or she chooses to express, as opposed to the person's gender on a birth certificate at the time of birth.
According to the bill's sponsor, California state law already protects the right for individuals to express a chosen gender at work without fear of being fired. Proponents of the new law maintain that the amendment only clarifies existing state law.
The amendment did face some resistance, as some legislators worried publicly about which restroom facilities the transgendered person would use, if transgendered employees would be subject to the same dress codes as the gender they are expressing and the affect the new law will have on businesses in the state. Ultimately, these concerns did not prove substantial enough to derail the measure.
In addition to protecting employees from workplace discrimination, the new law makes it illegal to discriminate against transgendered individuals in education, health care and housing, among other areas. The law was also passed with a measure that makes it easier for a transgendered individual to change the gender listed on his or her birth certificate.
Unfortunately, transgendered individuals do face discrimination at work. Vicki Estrada, a transgendered living in San Diego, told ABC affiliate 10 News her experience with friends who "had 10 to 15 years with a company and bammo, they transition and they're fired, immediately."
The law is now more clear than ever. No employer can terminate an individual on the basis of gender. This includes termination for those expressing a chosen gender at work. If you believe you have been terminated illegally on the basis of your expressed gender, contact an experienced employment discrimination attorney. You may be able to be reinstated to your position, obtain back pay and other compensatory damages.
Article provided by Patton Wolan Carlise LLP
Visit us at www.pwblaw.com/
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