Are employers prohibited from discriminating based on a person's sexual orientation?
In California, it is illegal for employers to discriminate based on a person’s sexual orientation. The Fair Employment and Housing Act (FEHA) forbids employers from making decisions such as hiring, firing, promoting, demoting, or compensating an employee based on their sexual orientation. Sexual orientation is defined as heterosexuality, homosexuality, or bisexuality. In addition, transgender, gender nonconforming, and gender variant individuals must also receive protection from discrimination. It is important to note that the FEHA does not apply to employers with fewer than five employees. However, employers are also prohibited from discriminating on the basis of gender identity and expression, which applies to employers with fewer than five employees. Additionally, public employers in California are required to provide certain rights and benefits to same-sex couples in same-sex marriages or domestic partnerships. It is unlawful for employers to harass, retaliate, or otherwise discriminate against an individual based on their sexual orientation. Examples of such behavior can include things like refusing to hire someone because of their sexual orientation, or terminating an employee or denying them a promotion based on their sexual orientation. All employers in California must abide by these laws and provide a safe work environment free of discrimination.
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