New Transgender Regulations Effective July 1, 2017

The California Office of Administrative Law recently approved new policies that offer protections specifically for transgender persons. These regulations will become effective on July 1, 2017.

The new approved regulations extend existing protections under California’s Fair Employment and Housing Act (FEHA). The FEHA protects those who identify as transgender and provide support on the basis of both gender identity or gender expression.  Additionally, California law also precisely protects an employee’s right to dress and appear consistently with their preferred gender identity or gender expression.

The regulations also include the following amendments:

  • New policies relating to acquiring gender related information from applicants and employees. This includes rules prohibiting employers from requesting proof of an individual’s gender, or gender identity or expression (except under very limited circumstances or on a voluntary basis).
  • Rules specifying that employers must honor and respect an employee’s request to be identified by a preferred gender, name, or pronoun.

  • Include “transitioning” employees in the new expanded definitions of existing gender expression, and gender identity. Moreover, specifically prohibits discrimination against transitioning employees.

  • Use gender-neutral language throughout the new and revised FEHA regulations to strengthen the FEHA’s objectives to prevent discrimination/harassment regardless of a person’s gender.

Here at JH Consulting, we offer high-quality and valuable services to fit your company’s needs. Feel free to contact us if you need assistance with updating your employees’ handbook or your company’s policies to better complement these updated regulations.