Legal Question in Discrimination Law in California
TransGender Employee
How long can a pre-op transexual behave as a member of the opposite sex? We have allowed a transexual employee to dress as a woman for several years now, however, I do not believe he has any intent on completing the surgery. Is there a time line as to how long the company must treat this employee as a woman?
1 Answer from Attorneys
Re: TransGender Employee
I believe California has a law that says women must be allowed to wear pants. (Other Cal lawyers, please check me on that). I'm not aware of any law that says men must be allowed to wear skirts or dresses. You have probably already accomodated him as much as you have to. Until his sex change is actually complete, he is still a man. The courts generally allow employers to have reasonable dress codes, subject to not requiring women or men to dress provocatively where it is not a "bona fide occupational qualification" (i.e., exotic dancers, entertainers,etc.).
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