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In California, LGBTQ+ workers have the same entitlement to equal rights, dignity, and worth as workers in other protected categories such as disability and race.  The Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment on the basis of “sex, gender expression, gender identity [and] sexual orientation . . .” 

 

The FEHA defines “Gender expression” as a person’s gender-related appearance or behavior, or the perception of such appearance or behavior, whether or not stereotypically associated with the person’s sex assigned at birth.  “Gender identity” is defined as each person’s internal understanding of their gender, or the perception of a person’s gender identity, which may include male, female, a combination of male and female, neither male nor female, a gender different from the person’s sex assigned at birth, or transgender.  Transitioning employees are also protected.  “Transitioning” is a process some transgender people go through to begin living as the gender with which they identify. This process can include for instance changes in name and pronoun, facility usage, participation in employer-sponsored activities as the gender with which they identify (e.g. sports teams, team-building projects, or volunteering), or undergoing hormone therapy, surgeries, or other medical procedures.  Sexual Orientation is defined as bisexuality, homosexuality, and heterosexuality. Read More.   

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As with other protected categories, the law prohibits both harassing offensive behavior as well as discriminatory official employment actions against you simply because you do not fall within 

As with other protected categories, the law prohibits both harassing offensive behavior as well as discriminatory official employment actions against you simply because you do not fall within the binary male/female construct in terms of who you’re attracted to, who you feel you are internally, or how you project yourself externally. 

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Harassment 

 

Harassment is behavior that is demeaning, degrading and offensive, and can take on the forms of name-calling, using derogatory labels, mocking, being ostracized or socially excluded, offensive gestures, offensive depictions, physical blocking, physical threats, or physical assault. All persons are entitled to a workplace that is free from unwelcome behavior and actions based on their gender, gender identity, gender expression or who they love.  

 

If the harassment is by a co-worker, the employer is liable if a supervisor knew or should have known of the harassment and failed to take immediate and appropriate corrective action.  If the harassment is by a supervisor, the employer is strictly liable for the sexual or gender harassment. 

 

 

Discrimination

 

Discrimination occurs if you are treated differently in terms of an official employment action because of your sexual orientation or gender identity/expression, such as: 

 

•  Hiring and firing

•  Promotions and demotions

•  Unequal pay for comparable work

•  Allocation of raises and benefits

•  Assigning hours, shifts, days off

•  Assigning work and projects

•  Negotiating leaves of absence

•  Fringe benefits

•  Other terms and conditions of employment

 

Employers with five or more employees cannot discriminate against LGBTQ+ individuals in these terms and conditions of employment under the FEHA.  California also has specific rules employers must follow concerning job applications, use of chosen pronouns, dress codes, restrooms and more.  [Click here to learn more].