Legal Question in Civil Rights Law in California
Woman that looks and dresses like a man not allowed to use the ladies room.
I choose to look and dress as a man, but I refuse to use the men's room. It's filthy and I will not sit in there. My boss told me that I must use the men's room! I am a woman and think I should be able to use the ladies room no matter what I look like or whom it offends. The business was taken over by new owners- the old owners new about it and said nothing. These new owners are real A-Holes!
2 Answers from Attorneys
Re: Woman that looks and dresses like a man not allowed to use the ladies room.
I believe this would constitute prohibited sexual discrimination. What if an employer punished a female employee for not wearing a burka? It would make headlines, and people would be outraged. I find your case equally outrageous, and in fact illegal.
Re: Woman that looks and dresses like a man not allowed to use the ladies room.
California Government Code section 12940 prohibits, among other things, discrimination based upon gender identity:
In 2004, the California Fair Employment and Housing Act (FEHA) was amended to prohibit California employers who employ five or more employees from discriminating against (or harassing) transsexual and transvestite employees and applicants.
Thus, assuming your employer has more than 5 employees, I believe you should be able to use the appropriate restroom. For more information, you may take a look at transgenderlaw.org.
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