The Fair Employment Housing Act (“FEHA”) protects transgender persons. It expressly prohibits employers from discriminating or harassing employees based on their “gender identity” (or retaliating against an employee for reporting such harassment or discrimination). Cal. Govt. Code §§ 12940(a), (b).
The FEHA defines “gender identity” as “each person’s internal understanding of their gender, or the perception of a person’s gender identity, which may include male, female, a combination of male and female, neither male nor female, a gender different from the person’s sex assigned at birth, or transgender.” Cal. Govt. Code § 11030(b).
The FEHA defines “transgender” as “a general term that refers to a person whose gender identity differs from the person’s sex assigned at birth. A transgender person may or may not have a gender expression that is different from the social expectations of the sex assigned at birth. A transgender person may or may not identify as “transsexual.” Cal. Govt. Code § 11030(e).
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