California employers with 5 or more employees are prohibited from discriminating against employees on the basis of their gender, gender identity or gender expression. These terms are broad in scope and apply to a person’s gender-related appearance and behavior even if it is different from the person’s assigned gender at birth. Employees who are transgender, genderqueer, and gender-fluid are all protected against employment discrimination in California.
Employers can unlawfully discriminate against employees on the basis of gender in many different ways. For example, an employer may make available certain types of jobs to employees of a certain sex. Gender discrimination may include the existence of a work environment that is offensive or hostile to women. Gender discrimination may also be apparent in unequal pay between genders, glass ceilings, or diminished responsibilities.
