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.

Related FAQs

Are employers required to pay employees for unworked holidays?
What is the difference between constructive dismissal and wrongful dismissal?
What is the Family and Medical Leave Act (FMLA)?
Are employees required to report workplace injuries or illnesses to their employer?
What are the employee benefits available under the Affordable Care Act (ACA)?
What are the disability/bereavement rights of an employee?
Are employers allowed to ask job applicants about their disabilities?
What is the WARN act?
What is the Employee Polygraph Protection Act?
Can an employer ask for medical information from an employee?

Related Blog Posts

Employment Law Overview: What Employers Need to Know - July 31, 2023
Understanding Compensable Time in Employment Law - August 7, 2023
Minimum Wage Standards in Employment Law: What Employers Need to Understand - August 14, 2023
An Overview of Unemployment Benefits and Related Employment Laws - August 21, 2023
Common Mistakes Employers Make in Employment Law - August 28, 2023