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EMPLOYMENT LAW QUESTION OF THE MONTH:

What Are Your Legal Obligations to Transgender Employees?

by Steven J. Pynes
and Lee Burdick Austin
Ferris & Britton, A.P.C.

For many years California's Fair Employment and Housing Act (the "FEHA") has prohibited several categories of employer discrimination, including "sex discrimination." Effective January 1, 2004, the California Legislature changed the definition of "sex" in the FEHA in ways most employers may not expect. Specifically, the FEHA has been changed to prohibit sex discrimination against so-called "transgender" and even cross-dressing employees, thus, leaving employers to wonder about the scope of their new obligations.

Some time ago, the definitional section of the FEHA was changed to make clear that discrimination on the basis of "sex" included discrimination against a person because of pregnancy, childbirth or related medical conditions. The most recent change to FEHA's definition attempted to clarify that sex discrimination also includes discrimination on the basis of a person's "gender." In an effort to define the term "gender," this FEHA definition refers to Penal Code § 422.67, but then requires the reader to substitute the word "employee" for the word "victim" and "employer" for "defendant" in the Penal Code definition. Based on these substitutions, the FEHA definition of the word "gender" means: The employee's actual sex or the employer's perception of the employee's sex, and includes the employer's perception of the employee's identity, appearance, or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with the employee's sex at birth.


For more information on employer obligations to transgender employees, click here.


Pictured (left to right) are Stefan Marks, Manager of Service Development, North County Transit District; Richard Andersen, Executive Vice-President, San Diego Padres; Denise Cooper, Vice-President and General Manager, Anheuser-Busch Sales of San Diego; Holly Stuffert, Consumer Affairs and Education Coordinator, Markstein Beverage Company, Sasha Erickson, Region Manager, Consumer Affairs and Education, Anheuser-Busch, Inc.; and Mitch Mitchell, San Diego Chamber of Commerce.

Do the Ride Thing!

The San Diego Regional Chamber of Commerce and the North County Transit District recently launched a special pilot program called, "The Coaster Home Run." The program is designed to provide North County residents with an alternative method for attending Padres games at Petco Park.

In conjunction with the program, sponsors Anheuser-Busch Sales of San Diego and Markstein Beverage Company, are encouraging Petco Park attendees to "Do the Ride Thing" and take the Coaster rather than drink and drive.

Other sponsors of The Coaster Home Run program include: Sycuan, Bosa Development, Shea Homes, D.R. Horton Continental Series, Brookfield Homes, Barratt American and Castle Advertising.
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