All employees across the country have specific protections that are rooted in federal laws. States also have the right to set laws that go above and beyond the protections provided by the federal government. For those who work in California, the protections provided by the state are much stricter than those built into federal law.
One area where California has specific protections is LGBTQ rights, which are located in the California Fair Employment and Housing Act. Under state law, it is illegal for employers to discriminate against individuals based on gender identity, sexual orientation or gender expression. The protections apply from the hiring process through the termination process. This includes promotions, training and compensation.
What’s covered under California law?
In California, employers can’t fire or refuse to hire someone just because they identify as transgender, bisexual, queer, intersex, lesbian, gay, asexual or any other non-cisgender, non-heterosexual identity. They also can’t participate in any discriminatory behavior, such as misgendering, harassment or denial of health care benefits related to gender transition.
One thing that employees must remember is that the harassment and discrimination don’t have to be obvious to be illegal. Even covert actions, including creating a hostile work environment that stems from actions like offensive jokes or slurs, are illegal.
Employees all have the right to a safe workplace, which means not having to deal with harassment or discrimination while they’re working. It’s possible for them to take legal action against their employer if any of these occur. It might be best to work with someone familiar with these matters because they can be complex, and it can be difficult to go up against their employer alone.