Discrimination is nothing new. Many people feel like they are treated unfairly due to their religion, sex, color, and much more. Sexual orientation is another reason why someone may feel like they are treated differently. Transgender people feel the same way. They are often treated unfairly. In fact, discrimination in the workplace has recently made national headlines. That being said, this is nothing new in the state of California.
Our state has been working hard to make it a safe place for everyone to live and work. In fact, the Department of Fair Employment and Housing put out a new brochure which is called “Transgender Rights in the Workplace.”
Here are some rights that transgender people deserve to have in the workplace.
Employers aren’t allowed to ask any questions about a transgender person’s body.
They aren’t allowed to ask anyone about their body, including whether they still have male or female parts. They are not allowed to discuss whether or not a person is planning on having surgery (or if he or she already did so).
Since transgender employees usually do so in steps, from changing his or her name, the way that he or she dresses, and everything up to and including surgery, employers are going to have to accept their employees. They will also have to adapt the workplace as these changes take place in order to give all of their employees a safe place to work.
Employers must make sure that their dress codes are not discriminatory in nature.
Employers must be careful when it comes to their dress code. They need to allow their employees to dress accordingly, depending on how they identify. Those who identify as female should be able to dress like the other women, and the same goes for men.
Any employers who don’t allow their employees to dress the way that they identify could be facing the consequences of transgender discrimination.
Employers must allow transgender employees to use the bathroom and locker room that they identify with.
Just like employers need to let their employees dress as they identify, they also need to allow them to use those same bathrooms and locker rooms. Those who identify as female should be allowed to use the female bathroom. Those who identify as a male, they deserve to use the men’s bathroom.
If possible, employers should try to have a separate bathroom and changing area for any of their employees who would prefer to have more privacy. However, they can’t require anyone to use it. If their transgender employees would prefer to use the regular bathrooms and changing areas, they have every right to do so.
For more information, employers can read more on transgender rights.
The U.S. Department of Labor published “A Guide to Restroom Access for Transgender Workers” to help employers so that they treat all of their employees fairly. It basically outlines everything that employers should do for their transgender employees so that they can use the bathroom comfortably at work.
So, what can you do if you feel like you are being treated unfairly?
If you are worried that you aren’t being treated fairly at work, it is important to talk to a lawyer who has helped other employees who are facing transgender discrimination. Our dedicated attorneys at Aiman-Smith & Marcy will work hard to make sure that you aren’t facing workplace discrimination.
If you believe that you may be a victim of any type of discrimination, please call us at 510-817-2711 or contact us online.