New Law: Civil Code sections 52.4 and 52.45 Now Protect Individuals from Violence Based on Gender, Gender Identity, Gender Expression, and Sexual Orientation

Just a quick note on AB 830, which expands the protections for people based on gender identity, gender expression, and sexual orientation. This is not an employment law, but many will find it of interest.

Civil Code section 52.4 allows a person who has been subjected to gender violence to bring a civil action for damages against any responsible party. The law defines gender violence as an act of violence committed "at least in part based on the gender of the victim," or a "physical intrusion or physical invasion of a sexual nature under coercive conditions."

AB 830 amends section 52.4 to provide that "gender" under that section has the same meaning as in the Unruh Civil Rights Act, Cal. Civ. Code 51. The Unruh Act protects people from discrimination in all business establishments on the basis of sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation." "Sex" includes gender, gender identity, and gender expression. Gender expression means a person’s "gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth."

In other words, section 52.4 now protects individuals from violence based on gender, gender identity, and gender expression.

AB 830 also adds Civil Code section 52.45, which allows a person who has been subjected to sexual orientation violence to bring a civil action for damages against any responsible party.

The text of AB 830 is available here.