Employment laws to ensure equal opportunity at work for LGBT people

Summer is here, a time when employers scramble to cover vacation schedules and employees burn through their PTO.

It’s also Pride Month.  I thought I’d take this opportunity to discuss some important employment laws designed to ensure equal opportunity at work for LGBT people.

Nationwide, there are still 26 states that do not have laws banning discrimination against LGBT workers.  And there are important cases pending before the Supreme Court that will determine whether sexual orientation discrimination is prohibited by federal law (Title VII).

But in California, it is unambiguous that sexual orientation and gender identity discrimination are unlawful.
In recent years, the California Department of Fair Employment and Housing has issued key regulations on protections for gender identity and expression.  (Cal. Code Regs., tit. 2, §§ 11030 – 11031.)

Read more for key takeaways: 

1. Refer to employees by their preferred pronoun, name and gender;

2. Allow employees to dress for work in a way that is consistent with the employee’s gender identity or expression;

3. Allow equal access to facilities (e.g. restrooms) that correspond to the employee’s gender identity or expression, regardless of the employee’s assigned sex at birth;

4. Use gender-neutral signs for single-occupancy restrooms (e.g. “Restroom,” “Unisex,” “All Gender Restroom,” “Gender Neutral,” etc.);

5. Do not require employees or applicants to provide “proof” of an individual’s sex, gender, gender identity, or gender expression as a condition of employment.  It is okay to communicate with employees about their sex, gender identity or expression only when an employee initiates communication about the employee’s working conditions; and

6. Do not discriminate against an individual who is transitioning, has transitioned, or is perceived to be transitioning.

Our attorneys are experienced in addressing work-related issues involving sex, gender identity and expression, and sexual orientation.  Contact us if you need assistance working through any of these issues, including updating policies, training staff and managers, or handling complaints.

Happy Summer! Happy Pride!
Angela