California Transgender Rights in the Workplace Poster Mandatory

1. 	Does California law protect transgender and gender 
nonconforming employees from employment 
discrimination?
Yes. All employees, job applicants, unpaid interns, volunteers, and 
contractors are protected from discrimination at work when based 
on a protected characteristic, such as their gender identity, gender 
expression, sexual orientation, race, or national origin. This means 
that private employers with five or more employees may not, for 
example, refuse to hire or promote someone because they identify 
as – or are perceived to identify as – transgender or non-binary, or 
because they express their gender in non-stereotypical ways.
Employment discrimination can occur at any time during the 
hiring or employment process. In addition to refusing to hire or 
promote someone, unlawful discrimination includes discharging 
an employee, subjecting them to worse working conditions, or 
unfairly modifying the terms of their employment because of their 
gender identity or gender expression.	
2. 	Does California law protect transgender and gender 
nonconforming employees from harassment at work?
Yes. All employers are prohibited from harassing any employee, 
intern, volunteer, or contractor because of their gender identity 
or gender expression. For example, an employer can be liable 
if co-workers create a hostile work environment – whether in 
person or virtual – for an employee who is undergoing a gender 
transition. Similarly, an employer can be liable when customers or 
other third parties harass an employee because of their gender 
identity or expression, such as intentionally referring to a gender-
nonconforming employee by the wrong pronouns or name. 	
3. 	Does California law protect employees who complain 
about discrimination or harassment in the workplace?
Yes. Employers are prohibited from retaliating against any 
employee who asserts their right under the law to be free from 
discrimination or harassment. For example, an employer commits 
unlawful retaliation when it responds to an employee making a 
discrimination complaint – to their supervisor, human resources 
staff, or CRD – by cutting their shifts.	
4. 	If bathrooms, showers, and locker rooms are sex-
segregated, can employees choose the one that is most 
appropriate for them? 
Yes. 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 sex assigned at 
birth. In addition, where possible, an employer should provide 
an easily accessible, gender-neutral (or “all-gender”), single user 
facility for use by any employee. The use of single stall restrooms 	
CRD-E04P-ENG / November 2022	
THE RIGHTS OF EMPLOYEES 
WHO ARE TRANSGENDER OR 
GENDER  NONCONFORMING  
CALIFORNIA LAW PROTECTS 
TRANSGENDER AND GENDER 
NONCONFORMING PEOPLE FROM 
DISCRIMINATION, HARASSMENT, 
AND RETALIATION AT WORK. THESE 
PROTECTIONS ARE ENFORCED BY THE 
CIVIL RIGHTS DEPARTMENT (CRD).	
TO FILE A COMPLAINT
Civil Rights Department
calcivilrights.ca.gov/complaintprocess 
Toll Free: 800.884.1684  /  TTY: 800.700.2320
California Relay Service (711)
Have a disability that requires a reasonable accommodation? 
CRD can assist you with your complaint.	
THINGS YOU NEED TO KNOW	
and other facilities should always be a matter of choice. 
Employees should never be forced to use one, as a matter of 
policy or due to harassment. 	
5. 	Does an employee have the right to be addressed by 
the name and pronouns that correspond to their gender 
identity or gender expression, even if different from 
their legal name and gender?
Yes. Employees have the right to use and be addressed by 
the name and pronouns that correspond with their gender 
identity or gender expression. These are sometimes known as 
“chosen” or “preferred” names and pronouns. For example, 
an employee does not need to have legally changed their 
name or birth certificate, nor have undergone any type of 
gender transition (such as surgery), to use a name and/or 
pronouns that correspond with their gender identity or gender 
expression. An employer may be legally obligated to use an 
employee’s legal name in specific employment records, but 
when no legal obligation compels the use of a legal name, 
employers and co-workers must respect an employee’s chosen 
name and pronouns. For example, some businesses utilize 
software for payroll and other administrative purposes, such 
as creating work schedules or generating virtual profiles. While 
it may be appropriate for the business to use a transgender 
employee’s legal name for payroll purposes when legally 
required, refusing or failing to use that person’s chosen name 
and pronouns, if different from their legal name, on a shift 
schedule, nametag, instant messaging account, or work ID 
card could be harassing or discriminatory. CRD recommends 
that employers take care to ensure that each employee’s 
chosen name and pronouns are respected to the greatest 
extent allowed by law.	
6. 	Does an employee have the right to dress in a way that 
corresponds with their gender identity and gender 
expression?
Yes. An employer who imposes a dress code must enforce it in 
a non-discriminatory manner. This means that each employee 
must be allowed to dress in accordance with their gender 
identity and expression. While an employer may establish 
a dress code or grooming policy in accord with business 
necessity, all employees must be held to the same standard, 
regardless of their gender identity or expression.	
7. 	Can an employer ask an applicant about their sex 
assigned at birth or gender identity in an interview?
No. Employers may ask non-discriminatory questions, such as 
inquiring about an applicant’s employment history or asking 
for professional references. But an interviewer should not ask 
questions designed to detect a person’s gender identity or 
gender transition history such as asking about why the person 
changed their name. Employers should also not ask questions 
about a person’s body or whether they plan to have surgery. 
Want to learn more? 
Visit: 	https://bit.ly/3hTG1EO	
For translations of this guidance, visit: 	www.	calcivilrights.ca.gov/posters/required