California's Supreme Court upholds LGBTQ+ protections for elders in long-term care - LGBTQ Nation
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California's Supreme Court upholds LGBTQ+ protections for elders in long-term care - LGBTQ Nation
""All individuals deserve to live free from harmful, disrespectful rhetoric that attacks their sense of self, especially when receiving care necessary for their continued well-being," California's Attorney General Rob Bonta said in a statement after the decision. "State law prohibits discrimination and harassment in the workplace. I am glad that the California Supreme Court agrees with us on the importance of these protections and has affirmed their constitutionality.""
"The bill included various provisions for LGBTQ+ people, including making it so that trans residents had to be housed in rooms that aligned with their gender identity and what has become known as the "pronoun provision." That provision, alongside other proscriptions against discrimination, aimed to prevent employees "willfully and repeatedly failing to use a resident's preferred name or pronouns after being clearly informed of the preferred name or pronouns.""
The California Supreme Court upheld protections for LGBTQ+ long-term care residents against discrimination, abuse, and harassment. The ruling reversed a lower court decision that had allowed employees to claim First Amendment rights to deliberately misgender residents. The protections derive from the LGBT Long-Term Care Residents' Bill of Rights, enacted in 2017, which requires transgender residents to be housed according to their gender identity and includes a pronoun provision. The pronoun provision prohibits employees from willfully and repeatedly refusing to use a resident's clearly stated preferred name or pronouns. A group called Taking Offense challenged those provisions in court.
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