Despite some progress regarding awareness and LGBTQ rights, 2021 was one of the worst years for the LGBTQ community due to numerous legislative measures pursued by states across the country. There have been nearly 250 anti-LGBTQ bills filed in 2022, and the workplace remains a place where LGBTQ people are not always respected or treated equally. As an employee in California, you must know your rights and legal protections if you face discrimination because of your sexual orientation or gender identity.
Federal and State Provisions of LGBTQ Workplace Discrimination
The Equal Employment Opportunity Commission (EEOC) declared that discrimination based on sexual orientation and gender identity is a Title VII violation and form of sex discrimination. Employees from all states, districts, and all U.S. territories are protected by Title VII regardless of citizenship or immigration status. State legislators continue to file and sometimes pass bills that challenge or limit the protections that the EEOC and state and federal courts have established for LGBTQ individuals. There are, however, provisions in California that protect LGBTQ workers from employer and workplace discrimination directed at their gender, orientation, and how they identify. California has a nearly 2 million LGBTQ population, with over 1.3 million in the workforce. To prevent discrimination against LGBTQ individuals, as well as to support them if they are faced with it, the Golden State has developed specific regulations. For example, as part of the California Fair Employment and Housing Act (FEHA), transgender and gender nonconforming workers are protected from employment discrimination and harassment and maintain the right to dress and appear as they see fit.
Discrimination against LGBTQ employees: what forms can it take?
Discrimination can rear itself in many ways, including your employer refusing to acknowledge your gender identity, making you use a bathroom unique to the other sex, or assigning you inferior work responsibilities. Failing to hire an LGBTQ person because of their perceived orientation is another form of discrimination. Even when an employer discriminates against an individual under the assumption that they are gay, they still violate California’s FEHA, even if the person is straight. Your boss may offer you fewer benefits, not consider you for promotions, and other times an employer may rescind a job offer once they learn the prospective employee identifies as LGBTQ; all of which are forms of LGBTQ discrimination.
Employers are not always the root of workplace discrimination; coworkers may be the responsible party. Gender identity discrimination can result from coworkers teasing you about your gender identity or using specific slurs or inappropriate language to describe your gender identity. The law protects you in cases where your employer or coworkers mistreat you due to your openness about your identity or orientation. In addition, repeated use of incorrect pronouns is a form of harassment. Any mistreatment or retaliation is a violation, and you can choose to file a claim. Regardless of its source, discrimination based on sexual identity, expression, or orientation is damaging, frustrating, and wrong.
Note: Employers and entities with 15 or more employees are covered under federal discrimination laws, while employers with five or more employees qualify for protections under California’s regulations. California’s harassment laws apply to all entities regardless of the number of employees.
What to do if you have faced LGBTQ employment discrimination?
Everyone should have the right to a safe and respectful work environment; unfortunately, this is not always the case. If you are facing discrimination as an LGBTQ individual at your job, there are some things you can do right away to make filing a claim and seeking legal action easier. In the event of an incident at work, take down information, record the date and time, and note who may have witnessed the encounter. Should any discrimination occur in writing or via virtual correspondence, save it, make a hard copy, and keep documentation private and organized. If you feel safe doing so, you may choose to speak up regarding the discrimination by going through appropriate channels, such as speaking with a supervisor or the human resources department. However, it is also possible the potential for retaliation may be increased when trying to confront the unlawful issue on your own. For help with LGBTQ discrimination in the workplace, contact an experienced and compassionate California Bay Area LGBTQ discrimination attorney, schedule a free consultation, and have the details surrounding your case discussed and concerns addressed.
Our team of employment attorneys regularly help employees just like you to seek the justice and recourse they are entitled to after experiencing discrimination in the workplace. If you believe you may fall within this type of discrimination, you should consult with an experienced California employment law attorney. The best step to take is to consult with our team now. Reach out for a confidential and free consultation here.
