LGBTQ Rights Lawyer
The United States has laws designed to protect members of the LGBTQ community. 2015’s Obergefell v. Hodges was a landmark case in which the Supreme Court held that the 14th Amendment guarantees same-sex couples the constitutional right to wed and required all 50 states to recognize valid unions.
Despite the progress Obergefell v. Hodges signified, there is still much work to be done when it comes to offering full protection for all citizens via specific LGBTQ rights laws.
It can be especially harrowing for those in the workforce who feel their rights have been violated based on their sexual orientation, gender identity, or even marital status, especially when they’re not sure where to turn.
Federal and state laws require all employers to respect everyone’s right to a workplace free of harassment, discrimination, and other harmful behaviors, and there are serious consequences for those who choose not to comply. Our California LGBTQ rights lawyers can work to ensure yours are upheld.
Understanding LGBTQ Rights in California
For many years, California has been on the cutting edge when it comes to LGBTQ rights. In many cases, the state offers more protection than even federal laws.
Extensive laws exist all across the state ensuring that same-sex couples and members of the LGBTQ community can be free from employment and housing discrimination and enjoy a slew of protections around marriage, child custody, healthcare, education, criminal activity, and more.
The key to accessing these protections is knowing your protections under state and federal law, understanding your rights, and having our team on your side to fight for them.
Discrimination Protections in California
All Californians, including those who identify as part of the LGBTQ community, are protected by Title VII of the Civil Rights Act of 1964. This federal law prohibits employment discrimination based on race, color, religion, national origin, or sex (including sexual orientation or gender identity).
Those who reside in the state enjoy even more robust protection under the state’s Fair Employment and Housing Act (FEHA), as this law extends protection to the categories of gender expression and marital status.
California has also enacted the Gender Nondiscrimination Act, which protects transgender people and gender non-conforming individuals from employment discrimination. It also prohibits employers from forcing employees to use restrooms matching their birth-assigned gender or making employment decisions (such as hiring, firing, promoting, or demoting) based on gender expression or identity.
Finally, SB 703, signed into law in 2015, prohibits companies that display discriminatory behavior in the provision of benefits based on a person’s gender identity from securing government contracts worth $100,000 or more.
If you believe you have been discriminated against at work in these or other ways, an LGBTQ rights attorney from our team can help you understand how these statutes apply to you and what legal options you have.
Family and Relationship Rights in California
TLGBT laws in California not only state that same-sex marriage is legal, but also that same-sex couples have the same rights and protections as heterosexual married couples. This not only applies to issues like taxes and hospital visitation, but it also extends to pregnancy and child custody.
California’s Parentage Opportunity Program gives citizens, including same-sex couples who conceived through a surrogate, a free and easy pathway to establishing a legal parent-child relationship.
Because same-sex marriages and domestic partnerships are legitimized according to California law, employers cannot deny benefits or access to policies that are typically offered to employees with opposite-sex partners, such as survivor benefits or family leave.
Rules and policies that exclude same-sex partners or children who are not biologically related to the employee may be considered discriminatory, and it’s important for employees who believe they work under such policies to contact an attorney to discuss their right to a workplace free from this type of discrimination.
Healthcare and Medical Rights in California
California’s Insurance Gender Nondiscrimination Act ensures that health insurers cannot limit benefits based on a person’s sex, gender identity, or gender expression.
The Transgender, Gender Diverse, and Intersex (TGI) Inclusive Care Act, which was put forth by the California Department of Managed Healthcare (CDMH), not only prevents discrimination in this way, but it also mandates that insurers cover gender affirming care and transition-related healthcare for those who hold a policy.
California law requires employers to treat same-sex spouses and registered domestic partners the same as opposite-sex couples when it comes to healthcare benefits. This means that if an employer offers health insurance to employees’ spouses, all employees must be eligible for that offering.
If you believe that you have not been offered the same benefits as your colleagues because of your gender identity or expression, our California LGBTQ rights lawyers can help you create a plan for moving forward.
Education and Youth Rights in California
LGBTQ rights under local and federal law in California aren’t just for adults. They also extend to LGBTQ and transgender students.
Federal protection enacted by Title IX of the Civil Rights Act of 1964 makes it illegal to discriminate against or harass university students. SB 1146 requires faith-based colleges and universities that fall under religious exemption laws to disclose their status prior to a student enrolling in their institution.
AB 5, the Safe and Supportive Schools Act, requires school personnel (such as teachers) to receive cultural competency training to help them meet the needs of LGBTQ youth. AB 223, the Transgender Youth Privacy Act, requires federal courts to seal a minor’s petition for gender or sex identifier changes.
Recent laws also require universities to allow students and faculty to declare an affirmed name and gender and businesses to highlight single-user toilet facilities as all-gender facilities.
Law Enforcement and Public Safety Rights in California
California Penal Code section 13519.41 mandates LGBTQ awareness training for all peace officers and 911 dispatchers. It’s important for officers and employers alike to know that state law also grants citizens the right to use public restrooms that fit their gender identity and the right to change their gender marker on official documents (including licenses and registrations).
California has hate crime enhancements in place for crimes where a victim’s sexual orientation or gender identity was a motivating factor for the people who committed them.
Our California LGBTQ rights lawyers can provide clarity on new and existing laws to ensure that all citizens and employees are fully aware of their rights inside and outside of the office.
Advocacy and Resources in California
Those who have experienced sexual orientation, gender identity, gender expression, and sex discrimination often wonder what resources are available to help them advocate for their own rights and the rights of others. Fortunately, there are plenty of organizations in the state of California fighting for the same cause, including:
- Equality California: Focuses on education and policy advocacy
- Gay, Lesbian & Straight Education Network: Works toward safe and inclusive schools
- California LGBTQ Health and Human Services Network: Improves LGBTQ health and well-being
- Los Angeles LGBT Center: Provides youth, senior, and medical services
- National LGBTQ Task Force: Focuses on legislative and policy changes
Whether you have experienced workplace bullying, retaliation, denial of benefits, or other forms of discrimination or harassment, you don’t have to walk alone.
In addition to getting help from these organizations, our attorneys at California Civil Rights Law Group have decades of experience fighting for record-breaking verdicts to protect the rights of citizens in California.
With the right lawyer on your side, you can get the sound legal advice you need to determine the best next step in your pursuit of justice.
FAQs
Yes, California is very LGBTQ-friendly. Over the years, the state has enacted a robust set of regulations designed to protect people in the LGBTQ community inside and outside of the workplace.
These rules prohibit discrimination and harassment in employment, healthcare, education, and family court. They also require training for government officials to ensure that everyone can feel safe and respected in all areas.
California has recently enacted a number of gender identity laws. One such regulation is the SAFETY Act (also known as AB 1955), which prohibits schools from requiring teachers to disclose a student’s sexual orientation or gender identity to anyone, including their parents.
According to both Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act, it is illegal for employers to discriminate against employees or candidates on the basis of a protected characteristic. Sexual orientation and gender identity are both protected characteristics under federal law and California law.
Yes. Both non-binary and transgender individuals are protected under California’s Fair Employment and Housing Act. They have a right to be free from discrimination and harassment when working and when applying to work at an establishment.
Some examples of workplace harassment based on LGBTQ+ identity may include derogatory jokes and comments, the use of slurs, physical harm, disclosing sexual orientation or gender identity without consent, intentionally and repeatedly using incorrect pronouns, denying access to restrooms that align with gender identity, and being denied a job or promotion based on identity.
No. You are not legally required to disclose your gender identity or sexual orientation to your employer. It’s also important to note that an employer cannot ask about these things during a job interview (either directly or indirectly), nor can they make them a condition of your employment.
The amount of time you have to file a lawsuit for LGBTQ+ discrimination depends on the agency you are filing it with.
If it is a federal-level complaint filed with the Equal Employment Opportunity Commission, you have 180 days from the date of the incident and may have up to 300 days if a state or local agency gets involved.
If you are filing an employment-related complaint with the California Civil Rights Department, you have three years from the date you were last harmed. Other case types under California law have one year to file.
First, consider addressing the issue calmly and professionally. If that does not get the behavior to stop or you feel unsafe addressing your supervisor directly, follow your company’s outlined procedures for filing a complaint with HR. If the issue continues to go unaddressed, you may consider filing a complaint with the Civil Rights Department.
Document every incident with dates, times, locations, and the names of any eyewitnesses who may be able to vouch for your story. Keep evidence of any written communication (such as emails, texts, or voicemail transcripts) as well as performance evaluations, work schedules, and anything else that can prove you were harassed or discriminated against.
The cost of hiring an attorney can vary greatly depending on a number of factors, such as experience, case complexity, and fee structure. Contact our office to learn more about the cost of working with our team.
