Law Office of Jeffrey D. Fulton

Transgender protection against employment discrimination

Recent years have been quite busy for those in the LGBT community who have been seeking civil rights. While California is a fairly LGBT-friendly state, there have been some times in the past when situations were not covered by law and actions could be taken to legally discriminate. Transgendered individuals, specifically, still face many barriers to equality. Fortunately, when it comes to employment, transgendered people are protected by federal and state laws.

The National Center for Transgender Equality notes transgender workers are protected against discrimination based on their gender identity under rulings from the U.S. Equal Employment Opportunity Commission, federal courts and the U.S Department of Justice. This basically means employers cannot refuse to hire or fire someone simply because he or she is a transgendered person. In addition, to those basic rights, a transgendered person cannot be required to produce documentation regarding gender and cannot be refused the right to use the restroom matching his or her gender identity.

The state also has specific laws in place regarding how transgendered people must be treated in the workplace and explicit rules for what constitutes discrimination. The California Department of Fair Housing and Employment reports when it comes to dress codes, people must be allowed to dress within the guidelines based on their gender identity. During the hiring process, an employer cannot ask questions about any future plans for surgery or questions that might be used to uncover gender identity. These laws protect a person regardless of where in the transition process he or she is.

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