With a strong reputation as a leader in LGBTQ+ rights in the workplace and in schools, California’s state government continues to add and adjust laws to ensure the state’s residents and workers are protected. Shegerian Conniff takes a closer look at the existing laws and additions that protect California’s LGBTQ+ workers from workplace discrimination and harassment.

It All Starts with the Fair Employment and Housing Act (FEHA)

California’s Fair Employment and Housing Act (FEHA) shapes the basis for all discrimination and harassment laws. Key protections for LGBTQIA+ are:

• Gender Expression: How you present yourself, including clothing, hair, and mannerisms.
• Gender Identity: What gender you identify with, even if it’s different from what gender you were assigned at birth.
• Sexual Orientation: What gender are you attracted to?

All three of these protections cover you in all aspects of workplace discrimination and harassment, including:

• Employment termination: You cannot be fired for being LGBTQ+
• Hiring: You cannot be denied a job due to your sexuality or gender.
• Job assignments: You cannot be given different work duties because you’re LGBTQ+.
• Pay: You must be paid equally to other employees in the same position.
• Promotions: You cannot be denied a promotion based on your sexual orientation, gender expression, or gender identity.

California Laws That Promote Inclusion

California laws do a lot to stop discrimination, but they extend further than that. Some laws are designed to make the LGBTQ community feel included at work, school, and beyond. 

No one at your place of work, and this includes contractors or clients, can harass you based on your gender expression, gender identity, or sexual orientation. If you have a co-worker who continues to make comments about sharing a bathroom with you or who makes snide comments about your personal life, it’s a violation of employment laws. You’re a human and deserve to be treated like everyone in your workplace.

Your co-workers, managers, supervisors, etc. must use your preferred name and pronoun. If you prefer being referred to as he/him over they/them, that’s fine. If you prefer they/them, that’s also fine. Everyone in your workplace needs to use the right pronoun. If not, it violates California law.

Healthcare plans are another aspect. LGBTQ+ workers are entitled to the exact same health care plans as coworkers. If your co-worker’s plan covers birth control, your health care coverage couldn’t deny it to your spouse just because both of you are female.

Your medical information and gender identity are private. California law protects your privacy. Your employer cannot share your information with others unless you give permission.

California law also defines “family members” in a more inclusive manner. When it comes to paid family leave, the LGBTQ+ community has multiple ways to define family members, which makes it easier to qualify for family leave if there’s a medical issue for which you need to take paid family leave. 

As a man, you can have a husband and qualify to stay home and care for your husband. A woman could stay home with her wife. Whether you call yourself lesbian, transgender, gay, bisexual, or queer, your closest friend, partner, etc. counts as family for paid family leave.

Advancement in Laws That Protect LGBTQ+ Workers

These employment and DEI laws are changing or being added in 2025. While some aren’t specifically geared towards education, their goals will help LGBTQ+ employees. One that is specific to employment is SB 951. 

• Higher Paid Family Leave Payments

Anyone who meets the qualifications for low-income is able to take paid leave to care for a family member. The pay for anyone earning less than $62,000 per year now gets 90% of their regular wages. If you’re LGBTQ+ and have a new child, you can get paid family leave for up to eight weeks.

• Protection for Teachers and Educational Workers

While AB 1955 is geared towards the field of education. Some school districts mandated that teachers and other school personnel tell parents when a student identifies as trans or gender no-conforming. If you’re a teacher who was uncomfortable with breaking trust with your student, don’t worry. AB 1955 ensures you never have to out a student. 

• Health Care Coverage for In-Vitro and Other Fertility and Infertility Treatments

Senate Bill 729 expands upon the Knox-Keene Health Care Service Plan Act of 1975, which licenses and regulates California’s managed care plans, including HMOs. Starting July 1st, fertility and infertility treatments offered by health insurance plans must provide coverage to LGBTQ+ workers, too. This applies to both large and small insurance companies.

What Protections Are in the Works?

It’s a challenging time right now with the reversal of DEI policies under the current administration. California’s Governor Newsom promises to keep DEI laws and protections in place, regardless of the federal government’s reversals.

One bill that’s currently in the works regards social media platforms like Facebook and X. A bill that is in the works would hold a social media platform accountable if it failed to moderate content in a manner that allows discrimination. 

This bill is aimed to protect against discrimination towards immigrants, LGBTQ, and other marginalized people, but its protections would apply to all. If your workplace or someone at work films a video for your company and shares it on social media, it’s going to be essential that that video is inclusive and doesn’t demean anyone of another culture, gender, or sexual orientation.

A second bill that’s been introduced to increase the percentage of state agency or department contracts to minority businesses. If it passes, 15% of the contracts awarded by government agencies must be offered to a minority business, 5% for women-owned businesses, and 5% to veterans.

How Do You Get Help with Discrimination or Harassment?

If you are experiencing discrimination or harassment as a member of the LGBTQ+ community, how do you get help? The California Civil Rights Department (CRD) enforces FEHA. If you believe you’re being discriminated against or harassed, file a complaint with the CRD. It’s not a difficult process. You can also reach out to LGBTQ+ organizations for guidance.

There’s a better option where you’re supported by an expert from the very start. You don’t have to feel alone. The attorneys at Shegerian Conniff believe everyone deserves fair, ethical, and inclusive treatment. We stand up for your rights. Fill out the online form to arrange a free consultation. We’ll tell you if you have a valid case and aid you in figuring out the next steps to take.