Sexual Orientation Discrimination

Like other forms of discrimination, discrimination based on sexual orientation is illegal under California law. The Fair Employment and Housing Act, or "FEHA" prohibits discrimination based on sexual orientation in employment.

The most common scenarios in which sexual orientation discrimination are found to exist are when an employer discriminates because a person is lesbian, gay, bisexual, and/or transgender. However, the employee does not have to be gay, lesbian, bisexual or transgender to be discriminated against on this basis. Moreover, heterosexuals may be discriminated against on this basis as well.

Examples of discrimination based on sexual orientation may include, but are not limited to: 1) denying a job, promotion, raise, benefits, or issuing poor performance evaluations on the basis of the person's sexual orientation; 2) preventing any person from accessing job resources normally available to other employees because of that person's real or suspected sexual orientation; 3) denying a person access to any educational or training program based on a person's actual or perceived sexual orientation; 4) harassing or retaliating against an employee for filing a complaint or helping another person file a complaint of discrimination based on sexual orientation; engaging in or sanctioning continuing discriminatory conduct, unrelated to work, thus creating a hostile environment for workers.