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Transgender Issues                                                                   6
County Personnel Administrators Association of California (CPAAC) Fall Conference
September 30, 2016 | Presented By: Gage Dungy

                Supervisor’s Duty to Respond

              • “Harassment… Shall Be Unlawful If the
                 Entity, or its Agents or Supervisors,
                 Knows or Should Have Known of This
                 Conduct and Fails to Take Immediate and
                 Appropriate Corrective Action.”

                                                Government Code section 12940(j)(1)

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                Supervisor’s Duty to Respond

                • Report Observed/Overheard Conduct
                • Forward Complaints/Issues to Management and

                   Human Resources Promptly, Including:

                        – Third-Party Complaints
                        – Verbal Complaints
                        – Rumors

                                          Remember:
                 The Word “Harassment” Need Not Be Used to

                                  Trigger Your Duty to Act

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                Case Study

               Christine was born a female biologically.
               Christine recently has begun taking male
               hormones, has changed his name to Christopher,
               presents himself to the public as a male, but has
               no plans to undergo gender reassignment
               surgery. Christopher has recently begun using
               the men’s restroom. Two male employees
               complain to the City that Christopher is creating a
               hostile work environment for them by doing so.

                       How Do You Respond?

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