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Transgender Issues 5
County Personnel Administrators Association of California (CPAAC) Fall Conference
September 30, 2016 | Presented By: Gage Dungy

Discrimination and Harassment

• Same FEHA and Title VII Protections
Against Discrimination and Harassment
Apply to Employees Based on Gender
Expression, Gender Identity and/or
Gender Transition.

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Unlawful Discrimination
• Elements of Unlawful Discrimination

– An Adverse Employment Action Taken Based
on a Protected Category Status.

– Adverse Employment Action = Action Taken
Within the Course and Scope of Employment

 Hiring, Firing, Demotion, Failure to Promote,
Assignment of Job Duties, etc.

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Hostile Work Environment

• Definition of Hostile Work Environment
Harassment:

– Verbal, Visual or Physical Conduct
– Based on Protected Classification
– Objectively and Subjectively Offensive

(Unwelcome)
– Severe or Pervasive
– Unreasonably Interferes with Work

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