Workplace Law Jacqueline McManus
New FEHA law takes on gender, sex
Q: I attended an anti-discrimination training session provided by my employer yesterday and was surprised to learn that gender, in addition to sex, is a protected classification. This seems like unnecessary duplication. Is there a difference between gender and sex when it comes to a discrimination claim?
A: Yes. Effective Jan. 1, 2004, Section 12926 of the California Fair Employment and Housing Act (FEHA) was amended to expand the prohibition on sexual discrimination and harassment by including gender.