Are employers allowed to maintain separate facilities or locations for males and females?

In California, employers are subject to a variety of employment discrimination laws. One of the key laws is California’s Fair Employment and Housing Act (FEHA). Under FEHA, employers are allowed to maintain separate facilities or locations for males and females, such as bathrooms or locker rooms, provided that the same provisions are afforded to both sexes. The facilities must be comparable in quality, with equal access and convenience, and must not be maintained for the purpose of discrimination. An employer is not allowed to provide separate facilities based on discriminatory reasons such as race, color, religion, sex, gender identity, sexual orientation, marital status, national origin, age, mental or physical disability, or medical condition. Employers must take steps to ensure that all employees have access to facilities that provide an equivalent level of privacy, security and comfort, regardless of their sex. Employers can also provide single-user facilities, regardless of gender, to ensure that all employees have adequate privacy. In addition, employers must not impose a dress code or grooming standard that is based on gender stereotypes. An employer must not implement policies or practices that treat people differently based on their sex. In sum, employers in California are allowed to maintain separate facilities or locations for males and females, provided that the same provisions are provided to both sexes. However, employers must ensure that these facilities do not impose discriminatory terms or conditions and must not be based on gender stereotypes.

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Are employers allowed to maintain separate facilities or locations for males and females?

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