Transgressive behaviour, more commonly known in California and the United States as inappropriate workplace conduct, includes unlawful harassment, discrimination and retaliation towards individuals based on characteristics protected by law. Federal law protects employees against inappropriate conduct at work on the basis of seven protected classifications (race, sex, age, religion, disability, national origin, and genetic information).

California law additionally protects against transgressive behaviour based on many more protected classifications including sexual orientation, gender identity, medical conditions including AIDS/HIV, ancestry, marital status, ethnicity, plus more. The state most recently added as protected characteristics transgender and transitioning status (as part of gender expression), reproductive health decision­making, and cannabis use off the job and away from the workplace. California law also prohibits employees from engaging in workplace bullying that need not be based on any protected classification.

California’s protections against transgressive behaviours are most consistent with standards of the European Union, while the US in general is more in line with overall global standards. In terms of legally regulated conduct, it may be fairly said that California pushes the envelope of what behaviour is considered transgressive at work. Sometimes other jurisdictions, primarily the more progressive states and urban areas in the US, follow California in recognising what may be included as transgressive behaviours.

This piece features in IR Global‘s The Visionaries. Read the full publication here.