California workplace rights related to employee gender identity

Gender identity has evolved into a controversial topic in employment law. Many people struggle to assert their preferred gender in the work environment.

For example, a person born a female but identifying as a male can have a hard time convincing others to respect their gender identity. Their boss and co-workers may continue to address them using female pronouns or violate their rights in other ways.

You may have more rights than you realize

Gender identity matters are often uncomfortable for employers as well as for those seeking to establish their identity. However, that does not excuse conduct that violates workplace rights, regardless of the victim’s gender or sexual orientation.

According to the Southern California American Civil Liberties Union, or ACLU, members of the LGBTQ community, including non-binary and other genders, have the same rights as other workers. Examples of these workplace rights include:

• The right to be referred to by the name and gender pronouns of your choice
• The right to use toileting facilities that correspond with your gender identity
• The right to use employer-provided insurance for gender-affirming medical care
• The right to respectful treatment in the workplace regardless of your gender identity
• The right to transition to your preferred gender identity or sexual orientation without employment discrimination

You have a critical role to play in making sure you receive fair treatment at work. Make sure to inform your employer (and co-workers, if you wish) of your gender identity and your preferred pronouns. If you continue to suffer from occupational harassment or discrimination, reach out for more knowledge about California employment law and workplace rights.