Page 91 - CPAAC_Fall2016

Transgender Issues 4
County Personnel Administrators Association of California (CPAAC) Fall Conference
September 30, 2016 | Presented By: Gage Dungy

DFEH Guidance to Employers

• Hiring

– Employers Should Not Ask Questions Designed to
Identify Transgender Status or About a Person’s Body
or Whether They Plan to Have Surgery Related to
Gender Identity, Gender Expression, or Transition.

• Dress Code

– Cannot Prohibit an Employee from Dressing in a
Manner Suitable for Employee’s Gender Identity, But
Can Enforce Dress Code As it Would Otherwise for
Gender Employee Identifies With.

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DFEH Guidance to Employers

• Restrooms

– “All employees have a right to safe and appropriate restroom and
locker room facilities. This includes the right to use a restroom or
locker room that corresponds to the employee’s gender identity,
regardless of the employee’s assigned sex at birth. In addition,
where possible, an employer should provide an easily accessible
unisex single stall bathroom for use by any employee who
desires increased privacy, regardless of the underlying reason. A
private restroom of this type can also be used by an employee
who does not want to share a restroom with a transgender
coworker. However, use of a unisex single stall restroom should
always be a matter of choice. No employee should be forced to
use one either as a matter of policy or due to continuing
harassment in a gender-appropriate facility.”

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EEOC Guidance to Employers

• Restrooms

– Denying an Employee Equal Access to a Common
Restroom Corresponding to the Employee's Gender
Identity Is Sex Discrimination.

– An Employer Cannot Condition this Right on the
Employee Undergoing or Providing Proof of Surgery
or Any Other Medical Procedure.

– Cannot Avoid Requirement to Provide Equal Access
to Common Restroom by Restricting a Transgender
Employee to a Single-User Restroom Instead.

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