Your Right to Be Addressed by Your Chosen Name and Pronouns at Work

All employees, including those who have transitioned or are transitioning, have the legal right to use and be addressed by the name and pronouns that correspond with their gender identity or gender expression. 

California law is clear: “if an employee requests to be identified with a preferred gender, name, and/or pronoun, including gender-neutral pronouns, an employer or other covered entity who fails to abide by the employee's stated preference may be liable …”  (Cal. Code Reg. Tit. 2 § 11034 (h)(3-4).  This protection applies not only to employees who have transitioned but who are currently transitioning or are perceived to be transitioning.”  (Cal. Code Reg. Tit. 1 § 11034 (i)(4).)  

Importantly, this right applies regardless of whether you have:

• Legally changed your name

• Modified your birth certificate

• Undergone any type of gender transition

Many transgender individuals use a chosen name or adopt pronouns that affirm their gender identity before completing a legal name change or even before completing any medical treatment that aligns their body with their gender identity (such as hormone therapy or surgical procedures). California law recognizes this reality and protects employees undergoing their individual journey. Transgender and gender nonconforming employees have immediate protection under California law from the moment they inform their employer about their chosen name and pronouns.  

While employers may be legally required to use an employee's legal name for specific employment records and payroll purposes, they must respect an employee's chosen name and pronouns in day-to-day workplace operations. This includes using the employee’s preferred names and pronouns in:

• Work schedules

• Nametags

• Instant messaging accounts

• Work ID cards

• Email addresses

• Team directories

• Other workplace communications

Refusing or failing to use an employee's chosen name or deadnaming the employee or refusing to use the employee’s chosen pronouns in these contexts may give rise to a claim of harassment, hostile work environment, or discrimination.

Once an employee receives a legal name change, employers are expected to update all records accordingly, the same way they would update an employee’s name change after marriage.  If an employer takes an unreasonable amount of time to change payroll records for trans employee’s legal name change, but does so on a shorter timeline for someone who requests a change to their name in payroll records due to marriage, the employer may be liable for discriminating against trans employees.  Employers also may not require additional documentation from trans employees unless they would normally request the same information from other employees.  

Resources for Employees Facing Difficulties

If you encounter resistance or discrimination when requesting that your employer recognize your chosen name and pronouns, you have options:

1. Consult with an employment attorney who specializes in LGBTQ+ workplace rights;

2. File a complaint with the California Civil Rights Department by calling 800.884.1684 or visiting their website;

3. Document all instances where your requests are denied or your rights are violated, such as instances in which you are deadnamed or an employer uses the wrong pronoun to refer to you.  

Finally, remember: the law prohibits retaliation against employees who assert their rights to be free from discrimination or harassment.

This blog post is for informational purposes only and does not constitute legal advice. Consult with an attorney if you have specific questions as to your rights to be addressed by chosen name and preferred pronouns at work.