Sexual orientation discrimination occurs when an employer discriminates against an individual because they are perceived or actually gay, lesbian, bi-sexual, and/or transgender. Heterosexuals can also experience sexual orientation discrimination. This discriminatory behavior can manifest in various forms including hiring rejections, promotion denials, unequal pay, harassment, hostile work environments, or wrongful termination. Both federal law, through the Title VII of the Civil Rights Act of 1964, and California state law provide strong protections against such discrimination. LGBTQ employees are entitled to work in environments free from bias, with equal opportunities for career advancement and fair treatment regardless of who they love or how they identify.

Discriminating Based On Sexual Orientation

The unlawful discrimination of job applicants based on sexual orientation undermines workplace equality and prevents qualified individuals from fully participating in professional environments. Below are common examples of how sexual orientation discrimination manifests in employment settings, all of which are prohibited under various state and federal protections.

• Not hiring an applicant
• Being passed over for a promotion
• Wrongful termination
• Poor performance evaluations
• Withholding training or other job resources
• Denying specific benefits

Understanding Sexual Orientation Discrimination Laws

The two primary laws that protect employees from sexual orientation discrimination is the Fair Employment and Housing Act (FEHA) under California state law and the Title VII of the Civil Rights Act of 1964 under Federal Law. The state and federal law prohibit workplace discrimination based on a host of factors, including:

• Sexual Orientation
• Race
• Gender
• Disability
• Age
• National Origin
• Religion

California's Comprehensive Protections

The California Fair Employment and Housing Act (FEHA) has established robust protections against sexual orientation discrimination for decades. In California, workers benefit from some of the nation's strongest legal shields against workplace discrimination. This groundbreaking legislation applies to all businesses with 5 or more employees, making it unlawful to discriminate in any aspect of employment, from initial hiring considerations to termination decisions.

The California legislature later strengthened FEHA by adding explicit protections for gender identity and gender expression, ensuring comprehensive coverage for the entire LGBTQ+ community. This progressive stance reflects California's commitment to workplace equality and dignified treatment for all employees. Under FEHA's provisions, employers are prohibited from discriminatory practices in recruitment, salary determinations, promotion opportunities, and workplace conditions. Significantly, California provides employees a three-year window from the most recent discriminatory incident to initiate legal proceedings, giving victims adequate time to seek justice.

Federal Protections Through Title VII

At the federal level, Title VII of the Civil Rights Act of 1964 serves as the cornerstone legislation prohibiting workplace discrimination based on sex. The legal landscape transformed dramatically in 2020 with the Supreme Court's watershed ruling in Bostock v. Clayton County, which established that discrimination based on sexual orientation or gender identity inherently constitutes sex discrimination under Title VII. This historic decision extended federal protections to LGBTQ+ workers nationwide, allowing them to file complaints with the Equal Employment Opportunity Commission (EEOC) and pursue remedies through the federal court system. However, it's important to note that Title VII only covers workplaces with a minimum of 15 employees, creating a significant coverage gap compared to California law.

Key Distinctions Between State and Federal Protections

When comparing the key differences between state and federal LGBTQ protections, California's FEHA offers significantly stronger LGBTQ workplace protections than federal Title VII in several key ways. California laws covers smaller employers with just 5+ employees (5+ employees versus 15+), extends harassment protections to workplaces of any size, safeguards against discrimination based on "perceived" sexual orientation, and allows for unlimited damages in discrimination cases, unlike Title VII's restrictive damage caps.

• California's FEHA offers more inclusive coverage by protecting against discrimination based on "perceived sexual orientation" - meaning employees are protected even when an employer's assumptions about their identity are incorrect.
• FEHA's anti-harassment provisions extend to all California workplaces regardless of size, ensuring even the smallest businesses must maintain harassment-free environments.
• Unlike Title VII, FEHA does not impose damage caps in discrimination cases, potentially allowing for more substantial compensation. California employees now have the strategic advantage of choosing between state and federal venues when pursuing discrimination claims, with some federal courts potentially offering more favorable outcomes depending on the specific circumstances.

California Discrimination Protections for LGBTQ

California's Fair Employment and Housing Act (FEHA) explicitly prohibits discrimination based on sexual orientation, gender identity, and gender expression. This means employers cannot legally fire, demote, fail to hire, fail to promote, harass, or otherwise discriminate against employees based on these protected characteristics.  Sexual orientation, like other forms of discrimination, is illegal in California under The Fair Employment and Housing Act (FEHA).  California is one of 21 states, including the District of Columbia that actually protects LGBTQ individuals from employment discrimination in private and public workplaces.

Other important protections include:

1. Protection against discrimination for associating with LGBTQ individuals - employers cannot discriminate against someone because they have LGBTQ family members or friends.
2. Requirements that employers respect all gender identities and expressions, including non-binary identities.
3. Prohibition against asking job applicants about their gender identity or sexual orientation.
4. Requirements that employer-provided health plans and Medi-Cal cover medically necessary gender-affirming care.
5. Equal health coverage rights for same-sex spouses or registered domestic partners.
6. Protection against employer retaliation for employees who report discrimination based on sexual orientation.

Filing a Discrimination Claim for LGBTQ+

Filing a discrimination claim as an LGBTQ+ individual in California involves navigating specific legal procedures designed to protect your workplace rights. The process begins with documenting all incidents of discrimination with specific details including dates, locations, witnesses, and the nature of discriminatory actions. Understanding the time constraints is crucial, as claims typically must be filed within three years from the date of the discriminatory act to preserve your legal rights and remedies.

• Gather evidence and documentation - Keep detailed records of all discriminatory incidents, including dates, times, locations, witnesses, and exactly what happened or was said.
• Report internally - If your workplace has an HR department or complaint procedure, follow those channels to report the discrimination and give your employer the opportunity to address the issue.
• File a complaint with the California Civil Rights Department (CRD) - Before pursuing a lawsuit, you must first file a complaint with the CRD, which can be done online, by mail, or in person within three years of the discriminatory act.
• Consider requesting an immediate "right-to-sue" notice - Instead of having the CRD investigate, you can request an immediate right-to-sue notice that allows you to file a lawsuit in court where you may potentially recover greater damages.
• Consult with an employment attorney - An experienced employment discrimination attorney can evaluate your case, advise on the strength of your claim, and guide you through complex legal procedures.
• Prepare for possible mediation - The CRD may offer mediation services to resolve your complaint before a formal investigation or litigation.
• Protect yourself from retaliation - California law prohibits employer retaliation against employees who file discrimination complaints, so document any adverse actions that occur after filing.

Get Help From An Experienced Discrimination Attorney

Navigating the complexities of sexual orientation discrimination claims requires the expertise of attorneys who understand both the emotional toll and legal nuances involved in workplace discrimination cases. Kingsley Szamet Employment Lawyers brings 27 years of specialized experience fighting for employees' rights, with an impressive track record of securing over $300 million in settlements and verdicts for their clients. Their team provides personalized legal strategies tailored to each client's unique situation, ensuring you have powerful advocacy throughout every stage of your case. Contact Kingsley Szamet Employment Lawyers today for a free consultation to discuss your rights and potential legal remedies with one of our Los Angeles Discrimination attorneys.

If you have questions about sexual orientation discrimination or feel you have been a victim and need advice, please call us. We understand this subject is a personal matter and we can provide more detail to help you. You can reach us toll free at (818) 990-8300.