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 against workplace discrimination and applies to employers with 5 or more employees. These protections help safeguard the civil rights of LGBTQ+ employees throughout the workplace.

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. LGBTQ+ discrimination lawyers can help employees understand the complaint process, evaluate available evidence, and determine what legal options may be available.

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. When discrimination results in lost employment opportunities, retaliation, harassment, or other harm, experienced lawyers can help employees understand how these protections apply to their circumstances.

How Our LGBTQ+ Discrimination Lawyers Can Help

Our LGBTQ+ discrimination lawyers can evaluate your situation, explain your legal options, and help you determine the appropriate steps for protecting your rights. Depending on the circumstances, this may include gathering evidence, filing an administrative complaint, negotiating with an employer, or pursuing litigation.

We understand how intimidating it can be to speak out against your employer, a large corporation, or others who may hold power over you. Our lawyers are committed to helping employees understand their rights and make informed decisions about how to proceed. While legal cases can be lengthy and complicated, our law firm will guide you through every step of the process, making sure you understand your options and can pursue a result that addresses the harm you experienced.