California employers are caught between two legal systems that are moving in opposite directions.
The Trump administration has reshaped U.S. Equal Employment Opportunity Commission enforcement priorities, dialing back protections for transgender employees; revoking guidance on harassment; and asserting that diversity, equity and inclusion initiatives may violate Title VII of the 1964 Civil Rights Act.
California has moved in the opposite direction over the past several years, codifying and actively enforcing protections under the Fair Employment and Housing Act and related regulations that expressly guarantee transgender employees the right to access restrooms and other facilities consistent with their gender identity and the right to be addressed by names and pronouns corresponding to their gender identity or expression.
Title VII sets a floor, not a ceiling. So, California employers should remain diligent to meet the requirements of state and federal law, even when those priorities seem to differ.
Below are three concrete examples where federal guidance and California law now point in opposite directions, and practical solutions for HR teams to address each issue.
In January, the EEOC rescinded its prior harassment guidance that said denying an employee access to a restroom consistent with the employee’s gender identity, or repeatedly and intentionally using incorrect pronouns, could support a sex-based...
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