Sexual orientation & gender identity discriminationLGBTQ+ discrimination lawyers, California

1. Door 01 Interview

   The job goes to the person who can do it.

   An employer with five or more employees can't refuse to hire you because of your sexual orientation, gender identity or gender expression — or because it thinks you're LGBTQ+. It can't demand proof of your sex or gender identity as a condition of the job, and California's Civil Rights Department says interviewers shouldn't ask about your body, surgery plans or why you changed your name.

   Gov. Code §§ 12926(o), 12940(a) · 2 CCR § 11034(i)(1)

   What to do Write down each question you were asked, who asked it and the date, while you still remember the wording.

2. Door 02 Your Desk

   Your name, as you go by it.

   California's civil rights rules recognize your right to be called by the name and pronouns you go by — including gender-neutral pronouns — without a legal name change or any medical step. Your legal name can be used only where a law requires it, such as certain payroll records. An employer that refuses to use your name and pronouns may be liable.

   2 CCR § 11034(h)(3)–(4) · CRD fact sheet on transgender and gender-nonconforming workers

   What to do Ask in writing (an email is fine) and keep a copy. If it keeps happening, keep a dated list.

3. Door 03 Restroom

   The restroom that matches who you are.

   California employers must let you use the restroom that matches your gender identity or gender expression, regardless of your sex assigned at birth. Your employer can't make you use a separate or single-user restroom instead, and can't ask for medical proof or an ID first. Single-user restrooms in California businesses must be labeled all-gender.

   2 CCR § 11034(e)(2)(A)–(D) · Health & Safety Code § 118600

   What to do Note who told you where to go, what they said, and any written policy they pointed to.

4. Door 04 Locker Room

   Changing in peace. Dressing as yourself.

   Locker rooms and showers follow the same rule as restrooms. Employers must offer privacy options for everyone — locking stalls, shower curtains, staggered shower times — but may not require you to use a particular facility. Uniforms and dress codes are allowed, but you must be able to follow them in a way that fits your gender identity and gender expression, unless the employer can show a business necessity.

   2 CCR § 11034(e)(2)(A), (C), (g)

   What to do Keep a copy of the dress code or facilities policy, and ask for any reason in writing.

5. Door 05 Break Room

   A joke at your expense isn't part of the job.

   Slurs, “jokes” about your orientation or gender identity, comments about your body, and deliberately and repeatedly calling you by your former name (sometimes called a deadname) or the wrong pronouns can be harassment. Harassment is illegal at any California employer, even one with a single employee, and one serious incident can be enough to take a claim to a jury.

   Gov. Code §§ 12923, 12940(j)

   What to do Save messages you lawfully have, write down what was said and who heard it, and report it — in writing if you can.

6. Door 06 Promotion Review

   Judged on your work, not on who you are.

   Pay, promotions, assignments, reviews and benefits can't turn on your sexual orientation, gender identity or gender expression. Fringe benefits can't depend on your gender identity or expression, and denying your same-sex spouse or partner benefits that other spouses get can be discrimination. Decisions based on stereotypes about how someone “should” look or act can be evidence of discrimination.

   Gov. Code § 12940(a) · 2 CCR §§ 11030(d), 11034(b)(1)

   What to do Keep your reviews from before and after things changed, and the posting or criteria for the role you wanted.

7. Door 07 Human Resources

   Speaking up is protected.

   It's illegal to fire, demote or punish you for complaining about discrimination or harassment, or for helping with someone else's complaint. Your employer must take all reasonable steps to prevent harassment. Telling coworkers you're LGBTQ+ without your consent — or threatening to — can be part of a harassment claim, and your employer generally can't share medical information about a transition without your written permission.

   Gov. Code § 12940(h), (j), (k) · Civ. Code § 56.20(c)

   What to do Put your complaint in writing, keep a copy, and note the date and anything that changed afterward.

8. Door 08 Exit

   No one should show you this door for who you are.

   Firing you, or pushing you out, because of your sexual orientation, gender identity or gender expression is illegal at employers with five or more employees — and so is treating you worse because you are transitioning, have transitioned, or are thought to be. You need to show it was a substantial motivating reason, not necessarily the only one.

   Gov. Code § 12940(a) · 2 CCR § 11034(i)(4) · CACI No. 2500

   What to do Before you sign anything on the way out, have it reviewed. You generally have three years to file with the CRD.

The rooms are drawings of ordinary workplaces, not any real employer. Citations are to California's Government Code ("Gov. Code"), the Civil Rights Department's regulations in Title 2 of the California Code of Regulations ("2 CCR"), and California's civil jury instructions ("CACI").