California Sexual Orientation Discrimination Laws

In California, it is illegal to discriminate against anybody because of their protected class. One of these protected classes is sexual orientation. Your sexual orientation is your own business and should not impact your job or give anyone the right to discriminate against you.

If you find yourself facing discrimination in the workplace or otherwise, you should consider speaking with a lawyer. They can help you understand California sexual orientation discrimination laws better.

The legal team at The Law Office of Frank S. Clowney III understands how difficult it can be to face discrimination of any kind. When you are looked down upon or treated differently because of your sexual orientation, it can feel degrading and dehumanizing. It’s not unreasonable to demand justice for being treated like you matter less than someone else. California legislation, like the Fair Employment and Housing Act (FEHA), prohibits this behavior.

California Sexual Orientation Discrimination Laws

California’s anti-discrimination laws are fairly simple. It is illegal to discriminate against anyone because of their sexual orientation. The same laws apply to skin color, gender identity, religion, national origin, pregnancy, age, and disability. These traits are known as protected classes. If someone treats you differently because of one of these traits, they may be opening themselves up to legal action for discrimination. These laws do not just protect you in the workplace.

Discrimination can happen anywhere, and it’s important to call it out and fight back against it if you witness it or if it happens to you. In 2023, the amount of sexual orientation-motivated hate crimes in California increased 3.6% from 2022. The number rose from 391 to 405. Anti-LGBTQ+ events in the state rose from 81 to 151 in that time. If you find yourself discriminated against because of your sexual orientation, reach out to a sexual orientation lawyer to learn your options.

Different Forms of Sexual Orientation Discrimination

An act of sexual orientation discrimination occurs when someone treats you poorly because of your sexual orientation. It doesn’t even need to be accurate to your orientation. If someone perceives you a certain way and mistreats you because of it, that is still discrimination.

Here are some examples of sexual orientation discrimination that occur in California:

• Workplace Discrimination: An employer cannot legally refuse to hire a potential employee simply because they are gay. If an employee comes out and is fired shortly after, they may have a strong case for a discrimination claim. If an employer refuses to extend health benefits to someone’s same-sex spouse or demands they not talk about their spouse in the workplace, that can also be discrimination.
• Housing Discrimination: You have the right to rent property without any fear of discrimination in California. Any violation of that right may be illegal under the California Fair Employment and Housing Act. These violations include a landlord refusing to rent a house or apartment to a same-sex couple or canceling a pre-existing agreement after finding out a tenant is gay.
• Harassment: Unfortunately, people are bullied and harassed because of their sexual orientation every day, and not just in California. Harassment can take many different forms, but all forms have the same goal: to hurt someone because of who they are. If you are bullied with the use of homophobic slurs, excluded from social events, or subjected to unwanted comments, you may have a strong legal case for harassment.
• Services: In California, it is illegal for a company to refuse service to somebody because of their sexual orientation. This includes, for example, a bakery refusing to sell a same-sex couple a wedding cake or a restaurant refusing to seat a same-sex couple.

If you are discriminated against because of your sexual orientation, there are numerous LGBTQ+ support groups throughout California that you may reach out to for assistance, including The Trevor Project, Equality California, and Trans Lifeline.

FAQs

Is Sexual Orientation a Protected Class in California?

Yes, sexual orientation is a protected class in California under the California FEHA. That means it is illegal to discriminate against someone because of their sexual orientation in California. This protection extends not just to the workplace but to housing opportunities, various services, and more. If you are discriminated against, do not hesitate to reach out to a lawyer and start working on a case for damages.

Is Discrimination Based on Sexual Orientation Legal?

No, discrimination based on sexual orientation is not legal. In fact, it’s not just illegal in California. It’s illegal in every state in the country, thanks to the Civil Rights Act, although some states may have lesser protections. In California, however, if someone discriminates against you because of your sexual orientation, they can open themselves up to legal action.

What Is the Gender Nondiscrimination Law in California?

California’s Gender Nondiscrimination Act took effect in January 2012. It prohibits discrimination based on someone’s gender identity and expression, making it illegal to treat someone poorly because of their perceived gender identity. This protection extends to the workplace, housing, insurance, education, and public accommodations. Employers must respect one’s gender identity, including respecting their desired pronouns.

Do You Need a Lawyer to File a Discrimination Case?

While you don’t technically need a lawyer to file a discrimination case, having a legal professional on your side can only help you. There’s a strong chance that the other side is going to hire a lawyer to represent them. The last thing you want is to go up against a seasoned lawyer on your own. A qualified discrimination lawyer can build up your case and represent your interests.

Contact a Discrimination Lawyer Today

It can feel frustrating and dehumanizing to be discriminated against because of your sexual orientation. Wanting to hold the right people accountable for their actions is not unreasonable, and a discrimination lawyer can help you make sure that happens.

The legal team at The Law Office of Frank S. Clowney III can provide you with everything you need to make a strong case for discrimination. We can help you develop your case, gather all the necessary evidence, and make sure no one tries to take advantage of you. Contact us to speak with a valued team member about a potential consultation today.