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Protecting LGBTQ+ Employees in California: Legal Developments & Challenges

Protecting California LGBTQ+ employee rightsCalifornia has long been a leader in LGBTQ+ rights, and this extends to the workplace. Matern Law Group, a champion for California employees, is committed to ensuring a safe and fair work environment for everyone. This blog post will explore the current legal landscape for LGBTQ+ workers in California, highlighting recent developments and ongoing challenges.

California’s strong protections for LGBTQ+ employees

California boasts some of the most comprehensive LGBTQ+ rights legislation in the nation. The California Fair Employment and Housing Act (FEHA) prohibits discrimination based on sexual orientation, gender identity, and gender expression. This means employers cannot discriminate against LGBTQ+ employees in hiring, promotion, job assignments, compensation, or termination.

Recent legal developments have further strengthened these protections. In 2020, California passed a bill clarifying that transgender rights are protected under FEHA. This includes the right to use restrooms consistent with their gender identity and to dress according to their gender expression.

Challenges remain for LGBTQ+ workers

Despite these legal advancements, LGBTQ+ workers in California still face challenges. Here are some key areas of concern:

  • Misgendering and Microaggressions: Intentional or unintentional misgendering, along with subtle forms of discrimination (microaggressions), can create a hostile work environment for LGBTQ+ employees.
  • Discrimination Based on Perceived Sexual Orientation or Gender Identity: California law protects against discrimination based on perceived LGBTQ+ identity, even if an employee is not openly LGBTQ+. However, proving such discrimination can be difficult.
  • Limited Protections at the Federal Level: Federal laws regarding LGBTQ+ worker rights are less robust compared to California’s FEHA. This can create confusion and vulnerability for LGBTQ+ workers in companies with operations across multiple states.

What can you do?

  • Know Your Rights: Understanding California’s LGBTQ+ employment laws is crucial. Familiarize yourself with FEHA protections and resources available from the California Department of Fair Employment and Housing ( ).
  • Document Everything: Whenever possible, keep a record of the harassment. Take note of the timing, what happened, and who said what. This evidence can be useful in supporting your claims.
  • Speak Up: If you experience discrimination or harassment, don’t stay silent. Report the incident to your supervisor, HR department, or a trusted colleague.  California law encourages employees to report such issues to maintain a safe workplace for everyone.
  • Seek Legal Help: Matern Law Group is here for you.  If you believe your rights have been violated, contact us for a free consultation. Our experienced employment lawyers can assess your situation, explain your legal options, and advocate for your rights.

Together, we can create a work environment where everyone feels respected, valued, and safe. Matern Law Group stands with California’s LGBTQ+ community.

Alyssa Gonzaga

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