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What’s an X in a California Driver’s License?

What’s an X in a California Driver’s License

Source: California Employers Association

Photo Credits: WPTV

 

California 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.  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.

“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. 

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. 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. Employers should not ask questions about a person’s body or whether they plan to have surgery.”

There is one exception:  some employers must request information about sex or gender for legally required government reporting (such as EEO-1 Reports).  If you have such government reporting or record keeping requirements, you may request applicants to self-identify, on a voluntary basis. You can’t discriminate against an applicant because the applicant did not choose to self-identify.

In short, gender should almost never be a factor in any employment decision.  Employers must also honor an employee’s chosen name, gender identification or use of pronouns. Employers must also allow employees to dress and present themselves according to their gender identity or expression (dress codes should be gender neutral and applied in a non-discriminatory fashion).

Drivers’ Licenses Requests : Most employers may never see the drivers’ license of a job candidate or employee. Remember, in California it is generally unlawful to require a person to present a drivers’ license unless possessing a drivers’ license is:

California’s Fair Employment and Housing Act regulations state that it can be a violation of the law to have a policy requiring a job candidate or employee to show or  hold a drivers’ license if  the policy:

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 this circumstance, you may at some point run across the new category of “X” for non-binary.

A new employee may present a drivers’ license, as part of the Form I-9 verification process.  No problem, employers can review documents that an employee chooses to present as part of the I-9 employment process. 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.

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.

Take Away’s – Employer Action Items:

To learn more about this topic, contact the Human Resources Department at 619-588-2411 or email us at info@floresfinancial.com.

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