California Employment Law Update – March 2017

California

FEHC Votes to Adopt Regulations on Transgender Identity and Expression

On March 30, 2017, the California Fair Employment and Housing Council (FEHC) voted to adopt proposed regulations on transgender identity and expression. The proposed regulations now go to the Office of Administrative Law for approval. Under the amended proposed regulations all the following would be enacted:

  • Employers would be prohibited from requiring applicants to disclose their sex, gender, gender identity, or gender expression.
  • Expansion of the definitions of gender identity, gender expression, sex, sex stereotype, transgender, and transitioning.
  • Employers would be required to provide equal access to comparable, safe, and adequate restrooms, locker rooms, dressing rooms, dormitories, and other similar facilities.
  • Employers would be required to address employees by their preferred name, gender, and pronoun (including gender-neutral pronouns).

The final regulations are expected to be released in July 2017.

Read the Regulations