7/15/26
"Absolutely amazing!"
️️️️️
Made things so easy for me to understand and guided me step by step. Especially Karim.
Jennifer A.
Workplace Discrimination > LGBTQ+ Discrimination
California’s Fair Employment and Housing Act (FEHA) expressly protects workers against discrimination based on sex, gender, gender identity, gender expression, and sexual orientation. These protections apply to hiring, compensation, benefits, promotions, termination, and other terms of employment.
FEHA’s employment discrimination provisions generally cover employers with five or more employees. Its harassment protections generally apply even in workplaces with only one employee. Certain statutory exceptions can affect coverage.
The following are illustrative situations. Whether conduct violates the law depends on the facts and applicable legal standards.
Shake Shack gender-identity settlement (2023): California’s Civil Rights Department announced a pre-litigation settlement involving allegations that coworkers repeatedly misgendered a transgender employee and management failed to correct the behavior. The resolution included a $20,000 payment, policy updates, training, and reporting requirements. This was a settlement of allegations, not a trial verdict. Read CRD’s settlement announcement .
Bailey v. San Francisco District Attorney’s Office (2024): The California Supreme Court explained that an isolated act of harassment can be actionable if sufficiently severe under the totality of the circumstances. The case involved racial harassment, not LGBTQ+ discrimination, but illustrates FEHA’s broader harassment standard. The court allowed disputed issues to proceed rather than awarding damages. Read the court’s opinion .
Legal references: California Government Code § 12940 ; California Code of Regulations, title 2, § 11030; and CRD’s transgender and gender-nonconforming employee rights guide .
You deserve fair treatment at work. Contact Matern Law Group to discuss discrimination, harassment, or retaliation and understand your legal options.
California’s workplace protections also address everyday issues involving dress standards, access to facilities, and employee benefits.
Employers may establish lawful dress and grooming standards, but they must apply them without unlawful discrimination. Employees must be allowed to dress consistently with their gender identity and gender expression. For example, an employer should not require a transgender woman to follow a men’s dress code.
Employees have the right to use workplace restrooms and locker rooms that correspond with their gender identity. An employer cannot require an employee to undergo surgery or provide proof of a medical transition to use those facilities.
Where possible, employers should provide an accessible, single-user, all-gender facility for anyone who wants additional privacy. An employee should not be forced to use a separate facility because they are transgender or nonbinary.
Denying otherwise available employee benefits because of sexual orientation, gender identity, or gender expression can raise discrimination concerns. For example, refusing benefits for an eligible same-sex spouse while providing equivalent benefits to different-sex spouses may violate applicable law.
Restrictions on medically necessary gender-affirming care may also raise legal concerns. The applicable coverage requirements depend on the health plan and governing law, so exclusions and coverage denials should receive an individual review.
The California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH), handles complaints involving workplace discrimination, harassment, and retaliation.
Depending on the facts and legal claims, available remedies may include back pay, reinstatement, compensation for emotional distress, and changes to workplace policies. Filing a complaint does not guarantee a finding of liability or a particular recovery.
Matern Law Group can evaluate your experience, review relevant evidence, and explain which legal protections may apply. Depending on your circumstances, our work may include assisting with an administrative complaint, negotiating a resolution, or pursuing litigation.
Speaking up about mistreatment can feel intimidating, especially while you are still employed. Our team approaches these concerns with respect and compassion, helping you understand your options and make informed decisions throughout the process.
Our Practices are Guided by Integrity. We’ll protect what you deserve.
We work tirelessly and fight tenaciously to hold rights abusers accountable.
If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.
7/15/26
"Absolutely amazing!"
️️️️️
Made things so easy for me to understand and guided me step by step. Especially Karim.
Jennifer A.
6/25/26
"Pleasure to speaking to you Karim."
️️️️️
Thank you for helping me out and hearing what I am going through. I thank you for the support you have for me an my family. God bless you.
Carlos C.
5/15/26
"Great people!!"
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Listened to everything I had to say and gave me assured information that they will see what we can do and plan. Definitely recommend them to others.
Janice Barragan
4/26/26
"Matern Law Group was very attentive to the questions and concerns I raised."
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They took the time to listen carefully and patiently explain the legal issues in a clear and professional way. Especially Karim — he was responsive, kind, and thorough throughout the process. I…
Amber Kuo
Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.
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