Sexual Orientation Discrimination
In California it is illegal to treat an employee worse because of their actual or perceived sexual orientation, and both state and federal law protect you. You generally have three years to file with the state. Protection Law Group represents workers facing sexual orientation discrimination across California on contingency: no upfront fees, and you pay only if we win.
Key Points
- FEHA (employers with 5+) bans discrimination and harassment based on sexual orientation.
- Federal law also protects sexual orientation in employment.
- The protection covers actual or perceived orientation, and applies to everyone.
Sexual orientation discrimination in the workplace affects members of the LGBTQ+ community as well as heterosexual individuals. This form of discrimination involves unequal treatment based on an employee’s real or perceived sexual orientation, including gay, lesbian, bisexual, and heterosexual identities.
California’s the Fair Employment and Housing Act (FEHA) protects against sexual orientation discrimination by making it illegal for employers to discriminate or harass employees based on their sexual orientation in all aspects of employment, including hiring, firing, training, compensation, promotion, and benefits. The FEHA applies to employers with five or more employees and requires them to take reasonable steps to prevent discrimination and harassment based on sexual orientation. Federal legislation, including protections enforced by the Equal Employment Opportunity Commission (EEOC), also prohibits workplace discrimination on the basis of sexual orientation.
Examples of discrimination based on sexual orientation include making jokes about an employee’s real or perceived sexual orientation, creating or allowing a hostile work environment, failing to address reported incidents of discrimination, sharing offensive content, forcing an employee to quit, or firing an employee due to their sexual identity. Employees suffering from discrimination based on sexual orientation must be aware of these signs and document any incidents that may constitute discrimination.
If you or someone you know is suffering sexual orientation discrimination at work, contact us immediately.
We protect your rights!
Frequently Asked Questions
Yes. FEHA makes it illegal to discriminate or harass based on sexual orientation in hiring, firing, pay, promotion, training, and benefits, and federal law protects it too.
Anti-LGBTQ+ jokes or slurs, a hostile work environment, ignoring reported harassment, forcing someone to quit, or firing based on actual or perceived orientation.
Yes. Protection applies to perceived as well as actual sexual orientation, so discrimination based on an assumption is still unlawful.
Document incidents, report in writing through your employer’s process, and speak with a lawyer. You file your legal claim with the CRD or EEOC.
Generally three years from the last incident to file with the CRD, then one year to sue after a right-to-sue notice.
Sources
- California Civil Rights Department, Employment Discrimination, https://calcivilrights.ca.gov/employment/
- California Legislative Information, Government Code § 12940, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12940&lawCode=GOV
- U.S. Equal Employment Opportunity Commission, Sexual Orientation and Gender Identity (SOGI) Discrimination, https://www.eeoc.gov/sexual-orientation-and-gender-identity-sogi-discrimination
- U.S. Equal Employment Opportunity Commission, Filing a Charge of Discrimination, https://www.eeoc.gov/filing-charge-discrimination
Disclaimer: This is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.
English 
Español de México 