Section 14303 - Inquiries Regarding and Recording of Gender and Name(a) Inquiries by a covered entity that directly or indirectly identify a person on the basis of sex, including gender, gender identity, or gender expression, or sexual orientation, are unlawful unless the covered entity establishes a permissible defense, including whether such a practice is required by state or federal law or an order of a state or federal court. For recordkeeping purposes, including data collection, a covered entity may request a person to provide this information solely on a voluntary basis.(b) If an ultimate beneficiary requests to be identified with a preferred gender, name, and/or pronoun, including gender-neutral pronouns, a covered entity who fails to abide by the person's stated preference may be liable under Article 9.5, except as noted in subsection (c) below.(c) A covered entity is permitted to use a person's gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally-mandated obligation but otherwise must identify the person in accordance with their gender identity and preferred name.(d) It is unlawful for a covered entity to discriminate against or deny full and equal access to an individual who is transitioning, has transitioned, or is perceived to be transitioning.(e) It is unlawful for a covered entity to refuse any individual access to facilities that correspond to that individual's gender identity or gender expression, regardless of the individual's sex assigned at birth, unless the covered entity establishes a permissible defense. Covered entities may not require individuals to undergo or provide proof of any medical treatment or procedure, provide any identity document, or use facilities designated for use by a particular gender.(f) Nothing in this section shall preclude a covered entity from making a reasonable and confidential inquiry of an ultimate beneficiary for the sole purpose of ensuring access to comparable, safe, and adequate multi-user facilities.Cal. Code Regs. Tit. 2, § 14303
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 11135, 11136 and 11139, Government Code.
1. New section filed 3-19-2024; operative 7/1/2024 (Register 2024, No. 12).