What You Need to Know About Workplace Sexual Orientation Discrimination in California
All forms of discrimination have no place at work. Here’s what you need to know about workplace sexual orientation discrimination in California.
There are a number of laws and rights in place protecting individuals from discrimination in the workplace based on their sexual orientation.
What is the California Fair Employment and Housing Act?
The California Fair Employment and Housing Act (FEHA) applies to public and private employers, as well as labor organizations and employment agencies, and makes it illegal for employers in California to discriminate against employees based on protected categories, including sexual orientation, or retaliate against employees who assert these rights.
FEHA protects employees that both actually fall, or are perceived as falling, under any of their protected categories. The protected categories include, but are not limited to, the following:
- Race
- Color
- Religion
- Sex
- Sexual Orientation
- Marital Status
- National Origin
- Ancestry
- Mental and Physical Disability
- Medical Condition
- Age
Related: Types of Workplace Discrimination in California
What is the Title VII of the Civil Rights Act?
Title VII of the federal Civil Rights Act of 1964 makes it illegal for employers, employment agencies, and labor organization practices around the country to discriminate against employees based on race, color, religion, sex, and national origin, or retaliate against employees who assert these rights.
Related: How to Report Retaliation in the Workplace
How to File a Complaint Under FEHA
For an individual to enforce their rights under FEHA, they must file a complaint with the California Department of Fair Employment and Housing, who will investigate and mediate the case. Complaints must be made within three years of the event of the alleged discrimination.
To do so, they can file their complaint online, by mailing this form to the DFEH headquarters, or by calling their Communication Center at 800-884-1684.
The individual must gather specific information about the discrimination incident/s, including the names and contact information of the person who discriminated against them (if available) and any witnesses, as well as any available documents and evidence. DFEH will then conduct their investigation of the case and if it is found that the allegations may have violated FEHA, will deliver a notice to the respondent.
The individual can also request an immediate “right to sue” notice to proceed with a lawsuit on their own in civil court.
How to File a Charge Under Title VII
Individuals can also file a charge with the U.S. Equal Employment Opportunity Commission in person, by mail, or by telephone by contacting the nearest EEOC office, or the toll-free number, 800-669-4000. Charges under Title VII must be filed within 180 days of the event of the alleged discrimination.
FAQs About Workplace Sexual Orientation Discrimination in California
Is sexual orientation a protected class in California?
Yes, sexual orientation has been a protected class in the state since April 1979.
What qualifies as discrimination?
Discrimination in the workplace based on sexual orientation can include any of the following for the sole reason being your sexual orientation:
- Getting fired or demoted
- Not getting hired
- Harassment
- Getting paid a lower wage than someone who holds the same position as you
- Receiving fewer benefits than someone who holds the same position as you
What should I do if I think I’m being discriminated against?
If you believe that you’re being discriminated against, document what’s going on through written notes, and save any relevant information and documents. You also have the right to assert your rights under FEHA, and it is illegal for your employer to retaliate. If necessary, consider filing a claim against the person or organization discriminating against you.
Contact Us
If you or a loved one has experienced workplace sexual orientation discrimination in California, contact us. Get your free consultation with one of our California Employment Discrimination Attorneys today!