January 2022

State Updates

 

California Gender Self-ID rules at the State and Local level

11/04/21

Author: ADP Admin/Wednesday, November 3, 2021/Categories: Compliance Corner , State Compliance Update, California

Background:

California's Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination because of sex, gender, gender identity, gender expression and certain other characteristics. The discrimination provisions cover employers with five or more employees, but the harassment provisions cover all employers.

Preferred Gender, Pronoun, and Name:

In California, employers must generally abide by an employee's request to be identified with a preferred gender, name, and/or pronoun, including gender-neutral pronouns, according to state regulations. However, if it is necessary to meet a legally mandated obligation, such as a W-2 Form, employers may use an employee's gender or legal name as indicated in a government-issued identification document.

Employer Inquiries:

California employers are generally prohibited from making inquiries that directly or indirectly identify an individual on the basis sex, gender, gender identity, or gender expression. Employers are also generally prohibited from inquiring about or requiring documentation or proof of an individual's sex, gender, gender identity, or gender expression as a condition of employment. However, for the purposes of complying with recordkeeping requirements for applicant records  under the state's nondiscrimination law, an employer may request an applicant to provide this information but only if it is on a voluntary basis.

Note: The law doesn’t prohibit an employer and employee from communicating about the employee's sex, gender, gender identity, or gender expression when the employee initiates a discussion with the employer regarding the employee's working conditions.

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Tags: 11/04/21

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