LGBTQ Employment Rights

HomeBlogLGBTQ Employment Rights
September 05, 2023

LGBTQ individuals often face a variety of challenges in the workplace that go beyond the typical stressors. Discrimination and lack of legal protection remain significant issues in many jurisdictions, leading to job insecurity and unfair treatment. Stereotyping and microaggressions, indirect or subtle acts of discrimination, can contribute to an unwelcoming or hostile work environment. Additionally, many LGBTQ employees grapple with whether or not to disclose their sexual orientation or gender identity, often fearing potential repercussions or shifts in their colleagues’ attitudes.

As a society, we have made significant strides in recognizing and protecting LGBTQ employment rights, but there is still much work to be done. At Olivier & Schreiber LLP, we are dedicated to safeguarding the legal rights of the LGBTQ community in the workplace and have achieved notable victories in this arena.

Legal Protections for LGBTQ Individuals in the Workplace

Under the California Fair Employment and Housing Act (FEHA) and Title VII of the federal Civil Rights Act, LGBTQ employment rights are protected. This legislation makes it illegal for employers to discriminate or harass based on sexual orientation, gender identity, or gender expression. Furthermore, California law recognizes and mandates respect for gender non-conforming and non-binary identities in the workplace.

Employees have the right to openly express their identities at work without fear of discrimination or mistreatment. This includes transgender and transitioning employees, who are also protected by California and federal law. Employers are required to respect an employee’s chosen name and pronouns, and all employees have the right to use restroom facilities that correspond with their gender identity.

Job applicants in California are also protected from being asked about their sexual orientation, gender identity, or gender expression. Discrimination based on association with LGBTQ individuals is prohibited under California law. Additionally, employer-provided health insurance plans in California must cover gender-affirming care, and same-sex spouses and domestic partners are legally entitled to the same health care coverage as different-sex spouses.

Yet, despite these protections, issues persist. Retaliation against employees who complain about discrimination or harassment is illegal, but it still occurs. Therefore, documenting instances of discrimination or harassment and seeking legal assistance when faced with retaliation is crucial.

A Path Forward

To ensure the safety and well-being of LGBTQ employees in the workplace, employers must be held accountable for their actions. Employers should create clear policies regarding discrimination, harassment, language use, bathroom accessibility, and other topics related to LGBTQ employment rights. They should also provide training sessions on recognizing bias and creating a respectful work environment. Ultimately, LGBTQ employees should be able to thrive in their workplaces without fear of discrimination or mistreatment.

How Olivier & Schreiber LLP Can Help

At Olivier & Schreiber LLP, we are proud of our track record in protecting LGBTQ employment rights. We have successfully handled cases related to employment discrimination and consumer protection, working tirelessly to uphold the rights of our clients. Yet, our work is far from over. With the legal landscape continually evolving, we remain committed to staying informed and prepared to defend the rights of the LGBTQ community.

Contact Our Skilled Attorneys

Our commitment to protecting LGBTQ employment rights is unwavering. If you or someone you know is facing discrimination in the workplace, reach out to us at Olivier & Schreiber LLP. We are here to help and will continue fighting for a more inclusive and equitable workplace for all.




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