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New FEHA regulations protect transgender employee rights

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in Discrimination and Harassment,Human Resources

New regulations affecting how California’s Fair Employment and Housing Act (FEHA) addresses transgender individuals went into effect on April 1, 2016.

Definitions

While the California Code of Reg­ula­­tions previously defined “sex,” amendments now include definitions for “gender expression,” “gender identity,” and “transgender.”

Gender expression is “a person’s gender-related appearance or behavior, whether or not stereotypically associated with the person’s sex at birth.”

Gender identity is “a person’s identification as a male, female, a gender different from the person’s sex at birth, or transgender.”

Transgender is “a general term that refers to a person whose gender identity differs from the person’s sex at birth. A transgender person may or may not have a gender expression that is different from the social expectations of the sex assigned at birth. A transgender person may or may not identify as ‘transsexual.’”

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