California LGBTQ+ Discrimination Lawyers

In California, employees are protected from discrimination based on sexual orientation, gender identity, and gender expression under both state and federal laws. The primary state law, the California Fair Employment and Housing Act (FEHA), provides extensive protections and applies to employers with 5 or more employees.

Key Rights Under FEHA Against LGBTQ+ Discrimination

• Protection Against Discrimination: Employers cannot discriminate in hiring, firing, promotions, job assignments, training, pay, and other terms or conditions of employment based on an employee’s sexual orientation, gender identity, or gender expression.
• Harassment: Harassment based on these characteristics is illegal. This includes not only sexual harassment but also any hostile work environment created based on someone’s LGBTQ+ status.
• Dress Codes and Grooming Standards: Employers must allow employees to dress consistently with their gender identity or gender expression. For example, a transgender woman must be allowed to follow the same dress code and grooming standards applicable to other women in the workplace.
• Bathroom and Locker Room Accessibility: Employees must have access to the bathroom that corresponds to their gender identity or gender expression. If an employer provides sex-segregated facilities, they must also provide feasible alternatives that are safe, private, and convenient, such as unisex or single-stall restrooms.
• Name and Pronoun Usage: Employers are required to use the name and pronouns preferred by the employees, except where legally obligated to use their legal name, such as for tax purposes.
• Health Benefits: Health insurance provided by employers must cover transgender-related care. Discrimination in health benefits, including denial of coverage for care related to gender transition or medically necessary care, is prohibited.

Examples of LGBTQ+ Discrimination

• Example 1: If an employer refuses to hire a candidate because they are transgender, this is direct discrimination based on gender identity.
• Example 2: A supervisor frequently making derogatory comments about an employee’s sexual orientation or gender identity, creating a hostile work environment.
• Example 3: A company’s health plan covers hormone therapy for non-transgender employees (e.g., for menopause or other conditions) but excludes it for transgender employees undergoing gender transition. This would be discrimination in health benefits.
• Example 4: An employer enforces a dress code that requires male employees to wear suits and female employees to wear dresses, without allowing employees to dress according to their gender identity.
• Example 5: An employee being disciplined for using a bathroom that aligns with their gender identity.

Victims of LGBTQ+ discrimination can file a complaint with the California Department of Fair Employment and Housing (DFEH), which can investigate the complaint and enforce remedies if discrimination is found. These remedies may include reinstatement, back pay, damages for emotional distress, and changes to company policies to prevent future discrimination.

California’s protections for LGBTQ+ employees are some of the most comprehensive in the United States, reflecting a strong commitment to diversity and equality in the workplace.

We understand how intimidating it can be to speak out against your employer, a large corporation, or others who may hold power over you. While legal cases can be lengthy and complicated, we will guide you through every step of the process, making sure you understand your options and can achieve a result you’ll be happy with.