Only if the employee initiates the communication, may the employer and employee discuss working conditions related to gender, gender identity or gender expression.
#CALIFORNIA DRIVER LICENSE FONT TYPE LICENSE#
Review all forms (including employment applications) that request sex or gender or require a drivers’ license (unless a license is required for an essential job function).If your employee does present a drivers’ license to you, any such information must, by law, be treated as private and confidential – including gender related information. An employer has rights and obligations to verify eligibility for employment, and any action by an employer that is required by the federal Immigration and Nationality Act is not a violation of state law. No problem, employers can review documents that an employee chooses to present as part of the I-9 employment process.
#CALIFORNIA DRIVER LICENSE FONT TYPE VERIFICATION#
In this circumstance, you may at some point run across the new category of “X” for non-binary.Ī new employee may present a drivers’ license, as part of the Form I-9 verification process. In other words, unless one of the essential functions of the job requires a drivers’ license, you shouldn’t be asking for one! However, some jobs do require driving as part of the regular job duties.
In short, gender should almost never be a factor in any employment decision. You can’t discriminate against an applicant because the applicant did not choose to self-identify. If you have such government reporting or record keeping requirements, you may request applicants to self-identify, on a voluntary basis.
There is one exception : some employers must request information about sex or gender for legally required government reporting (such as EEO-1 Reports). Employers should not ask questions about a person’s body or whether they plan to have surgery.” According to the Department of Fair Employment and Housing, “An interviewer should not ask questions designed to detect a person’s gender identity, including asking about their marital status, spouse’s name, or relation of household members to one another.
It’s important to remember that California’s Fair Employment and Housing Act prohibits employers from asking, directly or indirectly, about an individual’s sex or gender – including during the job application process. “Nonbinary”, according to the California State Legislature, is an umbrella term for someone with a gender identity that falls outside of the traditional conceptions female or male. Applicants in California can now self-certify their chosen gender category and do not need any type of documentation from a physician regarding gender or gender identity. What’s an X in a California Driver’s LicenseĬalifornia began allowing an individual applying for an original or renewal drivers’ license or identification card to self-identify as male (M), female (F) or non-binary (X) starting January 1, 2019.