LAS-ELC Launches Transgender Workers' Rights Project

Court Rules Defendants in Employment Discrimination Lawsuit Cannot Collect Information About Plaintiffs' Immigration Status

SAN FRANCISCO, CA, April 1, 2004 -- The Legal Aid Society - Employment Law Center (LAS-ELC) announces its new Transgender Workers' Rights Project, launched to protect the rights of transgender and gender non-conforming workers in the Bay Area. Directed by LAS-ELC attorney Shelley Gregory, the project will feature a toll-free helpline, legal fact sheets, and free legal assistance and representation to employees seeking protection under California's new gender identity anti-discrimination law, AB 196.

The new Transgender Workers' Rights Project will assist low-income workers whose appearance or conduct does not conform to traditional gender stereotypes. Under the new law, an employee has the right to wear clothing, use the restroom, and be referred to by the name and pronoun that corresponds with the employee's gender identity. (For example, a male-to-female transgender employee has the right to use the women's restroom.) The project will ensure that employers are aware of and fulfill their obligation to treat transgender employees with respect.

"This addition to California anti-discrimination law recognizes that sex and gender are not intertwined," says Project Director Shelley Gregory. "It recognizes the need to allow people to express their gender in a way that is appropriate and comfortable for them, and that will allow them to lead the same productive lives that other people lead."

AB 196, which went into effect on January 1, 2004, prohibits discrimination based on an individual's actual or perceived gender identity, appearance, or behavior. The law specifically requires that employers' dress codes do not infringe upon a transgender employee's ability to dress in a manner appropriate to the employee's gender identity.

"This law sends a strong signal to employers that they must be proactive about fostering a work environment that accepts people as they come," says Gregory.

Gender non-conforming workers seeking information or assistance may call the Transgender Workers' Rights Project's helpline at 866-593-0097 (toll-free in CA) and 415-593-0039 (outside CA) to receive legal counseling and assistance. The project's director will also conduct trainings for community advocates and human resources departments to educate them about how to comply with the new law. Legal fact sheets outlining the protections of the law are also available on the LAS-ELC website or are free upon request.

The project is generously funded by the VanLobenSels/RembeRock and Horizons Foundations.

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