Gender expression

means a person’s gender-related appearance or behavior, or the perception of such appearance or behavior, whether or not stereotypically associated with the person’s sex assigned at birth.

Gender identity

means 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.

Transgender

is 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.

This means it is unlawful for an employer to treat any of its employees differently because they are gay, heterosexual, lesbian or bisexual, or based on their employees’ gender identities or gender expressions.

FEHA prohibits employers from making employment decisions, such as hiring, firing and demotion as well as employment practices, terms and conditions, such as the distribution of benefits, bonuses or other types of compensation, based on any of these protected categories.

Forms of Sexual Orientation Discrimination

Sexual orientation discrimination is when an individual is treated unfavorably as a direct result of their gender identity or preference.

Examples of sexual orientation discrimination include:

Firing an employee because they are homosexual

Refusing to hire a transgender man

Terminating an employee because she is bisexual

Denying an employee a promotion because of their sexual preference

Reprimanding and suspending an employee because of his gender identity

Providing a lower salary or denying benefits to a gay employee compared to a straight employee