Frequently Asked Questions

You have the right to work without discrimination because you are transgender. California employment protections cover gender identity and gender expression, including protections that may apply while you are transitioning at work.

Your employer cannot fire you, refuse to hire you, deny you a promotion, reduce your pay, or otherwise treat you worse because you are transgender. These protections can apply even if your employer only learns that you are transgender later, for example, through onboarding paperwork, a background check, a request to update your name in company systems, or disclosure by you or someone else.

Generally, yes. In California, once you tell your employer that you want to be referred to by a particular name or pronouns, your employer and coworkers generally must respect that request. You do not ordinarily need to legally change your name or gender marker first.

Your chosen name may also be used in workplace settings, such as your email address, username, identification badge, and other places where your name appears. However, certain documents, including some tax, payroll, or insurance forms, may still need to reflect your legal information.

You have important privacy rights regarding your transgender identity. If you have not chosen to be “out” at work, your employer generally should not take that decision away from you by unnecessarily disclosing your transgender status. At the same time, your employer cannot lawfully punish you simply because you decide to disclose your transgender identity.

Whether, when, and how you come out at work is personal. If your employer has disclosed private information about you without permission, talk with an attorney about the circumstances.

You have the right to safe and adequate access to restrooms and similar facilities consistent with your gender identity. Your employer cannot require you to produce medical or legal documentation to use the appropriate restroom. Nor should you be forced to use a separate restroom because you are transgender.

Your employer also cannot get around these protections by directing you to a facility that is unsanitary, potentially unsafe, or an unreasonable distance from your workstation.

No. Your employer cannot lawfully make an adverse employment decision against you because you are transgender. For example, an employer cannot legitimately offer you a position and then withdraw it after discovering your transgender status through a background check.

Similarly, your current employer cannot deny you a promotion, fire you, or otherwise penalize you simply because you transition or disclose your transgender identity. The reason an employer claims it made a decision, however, may not always be the real reason. An employment attorney can help you examine the surrounding facts and evidence.

You have the right to make legally protected complaints about discrimination or harassment. Depending on your situation, you may report what is happening to a supervisor, Human Resources, an employee reporting hotline, or an appropriate government agency.

Your employer cannot retaliate against you for making a protected complaint. Retaliation can potentially include firing you, demoting you, reducing your pay, writing you up, or taking other materially negative action because you spoke up. If your treatment suddenly changes after you complain, preserve relevant emails, messages, reviews, documents, and other evidence.

Be very careful. A recording may seem like powerful evidence of wrongdoing, but California generally requires the consent of all parties before you record a confidential communication. An unlawful recording could potentially expose you to civil or criminal consequences.

Not every conversation is considered confidential. For example, different rules may apply when everyone involved could reasonably expect the communication to be overheard or recorded.

A severance or termination agreement may contain a release requiring you to give up potentially valuable legal claims against your employer in exchange for severance pay. There may also be confidentiality, non-disparagement, or other provisions affecting what you can do or say after leaving. Some provisions restricting discussion of unlawful workplace conduct may themselves be limited under California law.

Before signing, have the agreement reviewed. Samson can help you understand what you are giving up, identify potential claims, and determine whether there may be grounds to negotiate better terms.