CA Senate Bill 396 (SB 396) Transgender Rights

Protection related to Gender Identity, Gender Expression and Gender Transition

As of January 1, 2018, all California employers are required to display a workplace poster related to transgender rights. Transgender is a term used to describe people whose gender identity differs from the sex they were assigned at birth.

The law provides protection against discrimination and harassment related to:

• Gender Identity
• Gender Expression
• Gender Transition

The law also identifies two kinds of gender transition. 

Two Kinds of Gender Transition

1. Social Transition:

This involves a process of socially aligning one’s gender with the internal sense of self (e.g. changes in name and pronoun, bathroom facility usage, participation in activities like sports teams).

2. Physical Transition:

Refers to medical treatments an individual may undergo to physically align their body with internal sense of self (e.g. hormone therapies or surgical procedures).

Supervisors should be aware this transgender rights law provides protection in all aspects of employment, and does not allow for the transgender issue to be considered a bona fide occupational qualification (BFOQ).

CA SB 396 Transgender Rights Poster