Self-Expression in the California Workplace: How to Strike a Legal Balance in Drafting and Enforcing Dress, Grooming, and Bathroom Use Policies

How far can an employee go to express himself or herself in your workplace? How far can your employment policies go to control workers’ dress, grooming, and other activities under California and federal law? And, when does an employee’s or a group of employees’ conduct toward someone on the basis of how they express themselves constitute harassment under state and federal law? The issue of self-expression encompasses many areas, including gender identity, religious dress, grooming, and other appearance-based characteristics.

This session will brief you on the latest legal risks related to self-expression in the workplace and offer practical strategies for navigating your obligations with relative ease.

You’ll learn:

  • Labeling requirements for single-user restrooms to comply with the recently enacted AB 1732
  • The protections California employees are afforded based on sex, sexual orientation, and gender identity—and how far those protections extend
  • How to tell if an expression is religious or cultural in nature and whether it makes a difference for purposes of determining whether FEHA or Title VII protections apply
  • Best practices for ensuring that your workplace is bias- and harassment-free and that all workers are treated with respect and allowed the opportunity to engage in self expression so long as doing so doesn’t violate a legitimate business policy