California pronoun law gives you the right to be addressed by your correct name and pronouns at work, in K-12 public schools, in health plans, and in long-term care facilities. Gender identity and gender expression are protected characteristics under the Fair Employment and Housing Act, the Education Code, and the Health and Safety Code. Deliberate, repeated misgendering can be unlawful harassment, and you have real avenues to complain and recover damages.
Your Rights at Work
The Fair Employment and Housing Act makes it unlawful for employers to discriminate based on gender identity or gender expression in hiring, firing, pay, or any other term of employment.1California Legislative Information. California Government Code 12940 FEHA covers private employers with five or more employees and all state and local government employers.2California Civil Rights Department. The Rights of Employees Who Are Transgender or Gender Nonconforming
Repeatedly and intentionally refusing to use an employee’s correct name or pronouns can constitute harassment under FEHA. The legal standard asks whether the conduct is severe or pervasive enough to create an intimidating, offensive, or hostile working environment. A single mistake is not the same thing as a pattern. Persistent misgendering after correction is the kind of conduct that crosses the line, and employers have a duty to prevent it.
Retaliation is a separate violation. If you raise a concern internally or file a formal complaint and your employer punishes you for it, that retaliation is itself unlawful under FEHA.
Required Harassment Training
Employers with five or more employees must provide anti-harassment training that specifically covers gender identity, gender expression, and sexual orientation.3California Legislative Information. California Government Code 12950.1 Supervisors need at least two hours, nonsupervisory employees at least one hour. Training must happen within six months of hire or promotion into a supervisory role and repeat every two years. The content has to include practical examples, and the trainer has to have real expertise in gender identity and expression. An employer who skips the training does not get a defense if a harassment claim is later filed.
How California Compares to Federal Law
Federal law also prohibits sex-based employment discrimination under Title VII, and the Supreme Court held in Bostock v. Clayton County that firing someone for being transgender violates Title VII. Federal enforcement has become less predictable: in January 2026, the EEOC voted to rescind its 2024 harassment guidance, which had addressed pronoun-related conduct, and the agency’s website currently notes that its harassment information is being reviewed.
For California workers, this matters less than it would elsewhere. FEHA has broader coverage and stronger remedies. Title VII caps combined compensatory and punitive damages between $50,000 and $300,000 based on employer size.4U.S. Equal Employment Opportunity Commission. Remedies for Employment Discrimination FEHA imposes no such cap.
Your Rights in K-12 Public Schools
The Education Code prohibits discrimination based on gender identity or gender expression in any program or activity run by a school that receives state funding.5California Legislative Information. California Code EDC 220 – Prohibition of Discrimination Students have the right to be addressed by the name and pronouns matching their gender identity. No legal name change, medical diagnosis, or paperwork is required for the school to recognize who the student is.
Students can also take part in sex-segregated programs, athletics, restrooms, and locker rooms consistent with their gender identity, regardless of what school records say.6California Legislative Information. California Code EDC 221.5 California Department of Education guidance treats deliberate misgendering as a form of harassment, and schools that tolerate it risk violating the Education Code.
The Parental Notification Conflict
AB 1955, the SAFETY Act, took effect January 1, 2025. It prohibits California school districts, county offices of education, charter schools, and state special schools from adopting policies that require staff to disclose a student’s gender identity or pronouns to parents without the student’s consent.
In state court, the California Attorney General obtained a permanent injunction against Chino Valley Unified’s mandatory disclosure policy. The San Bernardino Superior Court ruled the policy violated the Equal Protection Clause of the California Constitution and Education Code Section 220.7Office of the Attorney General – State of California. Attorney General Bonta: Superior Court’s Final Ruling Against Chino Valley’s Forced Outing Policy Upholds Transgender and Gender Nonconforming Students’ Civil Rights
A separate federal case has pushed the other way. In early 2025, the U.S. Supreme Court reinstated a federal district court injunction prohibiting California schools from concealing information about a student’s gender presentation from parents. The majority found that excluding parents from this information substantially interferes with fundamental parental rights.
The result is a genuine conflict. AB 1955 is still California law and still bars blanket outing policies. The federal order requires transparency with parents about gender presentation. Schools are navigating both at once, and the situation is not fully resolved. If this affects you, the practical answer at your school will depend on how your district reads its obligations under both the state statute and the federal injunction.
Healthcare and Long-Term Care
California insurance regulations prohibit health plans and insurers from discriminating based on gender identity. An insurer cannot deny, cancel, or limit coverage because someone is transgender, and cannot refuse to cover gender-affirming services like hormone therapy when comparable services are covered for other medical reasons.8New York Codes, Rules and Regulations. 10 CCR 2561.2 – Discrimination on the Basis of Actual or Perceived Gender Identity
SB 923, the TGI Inclusive Care Act, requires health plan staff who deal directly with patients to complete evidence-based cultural competency training on trans-inclusive care.9California Legislative Information. SB 923 – Gender-Affirming Care The training covers using correct names and pronouns, understanding health inequities in transgender communities, and avoiding demeaning language. Health plans must also flag providers in their directories who offer gender-affirming services.10California Legislative Information. California Health and Safety Code 1367.043
In long-term care facilities, state law makes it unlawful for staff to willfully and repeatedly use the wrong name or pronouns for a resident after being clearly told the resident’s preferences.11California Legislative Information. California Health and Safety Code 1439.51 Facilities must post a nondiscrimination notice telling residents how to file a complaint with the State Long-Term Care Ombudsman.
How to File a Discrimination Complaint
You can file a complaint with the California Civil Rights Department. For employment cases, the deadline is three years from the last discriminatory act. For housing, healthcare, or public accommodations, the deadline is one year.12California Civil Rights Department. Complaint Process
The process starts with an online intake form through the California Civil Rights System. A CRD representative interviews you to decide whether the complaint can be accepted for investigation. If accepted, CRD investigates independently, gathers evidence from both sides, interviews witnesses, and may try to resolve the dispute through mediation before deciding whether to file a lawsuit.
You can also file a federal charge with the EEOC. Because California has a state agency enforcing parallel law, the federal deadline extends to 300 days from the last discriminatory act rather than the usual 180.13U.S. Equal Employment Opportunity Commission. Time Limits for Filing a Charge Filing with one agency does not block the other, and CRD complaints are often cross-filed with the EEOC automatically.
If you prevail on a FEHA claim, remedies include back pay, hiring or reinstatement, policy changes at the employer, and compensatory damages for emotional distress. Punitive damages are available for especially egregious conduct, with no statutory cap.
Updating Your Name and Gender Marker
A legal name change in California requires petitioning the Superior Court in your county of residence.14California Legislative Information. California Code of Civil Procedure 1275 When the name change is sought to match your gender identity, you are exempt from the publication requirement that normally applies.15California Legislative Information. California Code of Civil Procedure 1277.5 Filing fees vary by county but generally run a few hundred dollars, and fee waivers are available.
Updating the gender marker on your California driver’s license, ID, or birth certificate does not require a court order or medical documentation. It relies on self-attestation.16Judicial Branch of California. Update Your Gender Marker or Sex Identifier on Your Identity Documents California offers female, male, or nonbinary (marked X).17Judicial Branch of California. Court Order to Recognize Change of Gender in California The gender marker update is administrative and separate from a name change, so one can be done without the other.
Federal Documents Are Different
Federal policy has moved sharply in the opposite direction. Executive Order 14168, issued January 20, 2025, directed federal agencies to stop issuing identity documents with gender markers that differ from a person’s sex assigned at birth. The State Department no longer issues passports with an X marker and only issues M or F designations matching biological sex at birth.18U.S. Department of State. Sex Marker in Passports Social Security records are frozen under the same order.
Existing passports with M, F, or X markers reflecting your gender identity remain valid until they expire. Applying for a renewal or replacement will trigger the new policy, and even requesting a name change on your passport could result in the sex marker being changed to match your sex assigned at birth. If your California documents reflect your gender identity but your federal ones do not, the mismatch can cause complications with employment verification, air travel, and anything that requires matching ID across documents. Factor that in before deciding what to update and when.