Rights of California LGBT Employees Against Workplace Discrimination

California provides some of the strongest legal protections for LGBT employees in the workplace, safeguarding them from discrimination, harassment, and retaliation. 

If you have experienced unfair treatment at your workplace, contact our Orange County discrimination attorneys at Aegis Law Firm today.

Legal Protections Under California Law

Fair Employment and Housing Act (FEHA)

The Fair Employment and Housing Act (FEHA) is California’s primary anti-discrimination law, protecting employees from workplace discrimination based on sexual orientation, gender identity, and gender expression. This includes protections for employees who identify as:

• Lesbian, gay, or bisexual
• Transgender, non-binary, or gender non-conforming
• Queer or questioning

Under California Government Code § 12940, FEHA prohibits:

• Discrimination in hiring, firing, promotions, and compensation.
• Harassment based on sexual orientation or gender identity, including offensive comments, slurs, or jokes.
• Retaliation against employees who report discrimination or participate in investigations.

FEHA applies to employers with five or more employees, making it one of the most comprehensive anti-discrimination laws in the country.

Gender Identity and Expression Protections

California law explicitly protects employees’ rights to express their gender identity without fear of discrimination. This includes:

• Dress Codes: Employers cannot require employees to dress according to traditional gender norms. Employees have the right to dress consistently with their gender identity.
• Restroom Access: Employees must be allowed to use restrooms and facilities that correspond to their gender identity. Employers are encouraged to provide gender-neutral restrooms.
• Name and Pronoun Usage: Employers must respect and use an employee’s chosen name and pronouns. Intentional misuse or refusal to acknowledge an employee’s gender identity can constitute harassment under FEHA.

These protections are designed to create inclusive workplaces that respect employees’ gender identities and expressions.

Federal Protections Under Title VII

In addition to state laws, LGBT employees are also protected under Title VII of the Civil Rights Act of 1964. In the landmark case Bostock v. Clayton County (2020), the U.S. Supreme Court ruled that discrimination based on sexual orientation or gender identity is a form of sex discrimination under Title VII. This ruling makes it illegal for employers to:

• Fire or refuse to hire someone because of their sexual orientation or gender identity.
• Deny promotions, benefits, or other employment opportunities based on LGBT status.

Title VII applies to employers with 15 or more employees, offering federal protections that complement California’s state laws.

What to Do If You Experience Discrimination in the Workplace

If you believe you have been discriminated against due to your sexual orientation or gender identity, you have the right to take action. Steps you can take include:

• Documenting Incidents: Keep a detailed record of discriminatory actions, including dates, times, witnesses, and any communications (emails, texts, etc.).
• Filing a Complaint: Report the discrimination to your employer’s Human Resources (HR) department. Employers are legally required to investigate complaints.
• Filing a Legal Claim: If the issue is not resolved internally, you can file a complaint with the:
  • California Civil Rights Department (CRD) under FEHA
  • Equal Employment Opportunity Commission (EEOC) under Title VII

Filing a claim triggers an investigation into your employer’s actions and may result in corrective measures or legal action taken on your behalf to recover compensation for damages. However, navigating this process can be complex. Consulting a trusted Orange County employment law attorney is highly recommended. Call (949) 379-6250 today.