In 2018, California passed Senate Bill 396, titled gender identity, gender expression, and sexual orientation. Your company should prevent discrimination and harassment in all stages of employment processes, including interviews. Under Senate Bill 396, your company is not allowed to request documentation or inquire about proof of an individual’s gender, sex, gender expression, or gender identity as a consideration for employment. It is prohibited to discriminate against an applicant who declines or fails to designate male or female on an application form.
Additionally, California law requires all single-user restrooms to be gender-neutral. This makes things much easier for transgender employees. If your company has multiple restrooms and locker rooms that are gender specific, the employees should decide for themselves which is the safest and the most appropriate option.
Employers are responsible for maintaining a safe and healthy work environment for all employees, no matter their sex, transgender, gender expression, or gender identity, and make sure that all employees know that discrimination and harassment based on gender is not tolerated.
