If this request is mandated, please provide details about what's driving the mandate.If you selected Chancellor's Office, legal or collective bargaining requirement, please provide details about the policy, law or executive memorandum that’s driving the mandate.
2 CCR § 11034(h)
(h) Recording of Gender and Name. As provided in sections 11016(b)(1) and 11032(b)(2) of these regulations, inquiries that directly or indirectly identify an individual on the basis of sex, including gender, gender identity, or gender expression, are unlawful unless the employer establishes a permissible defense (section 11010). For recordkeeping purposes in accordance with section 11013(b), an employer may request an applicant to provide this information solely on a voluntary basis.
(1) An applicant's designation on an application form of a gender that is inconsistent with the applicant's assigned sex at birth or presumed gender may be considered fraudulent or a misrepresentation for the purpose of an adverse employment action based on the applicant's designation only if the employer establishes a permissible defense (section 11010).
(2) An employer shall not discriminate against an applicant based on the applicant's failure to designate male or female on an application form.
(3) 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 under the Act, except as noted in subsection (4) below.
(4) An employer is permitted to use an employee'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 employee in accordance with the employee's gender identity and preferred name.