LGBT Discrimination Lawyer in Van Nuys

California Law on LGBT Discrimination

California’s Fair Employment and Housing Act (FEHA) is the state’s primary workplace anti-discrimination law. It explicitly prohibits discrimination based on sexual orientation, gender identity, and gender expression. FEHA covers employers with five or more employees for discrimination claims and applies to all employers regardless of size for harassment claims, which means it reaches more Van Nuys and Los Angeles businesses than federal law does.

FEHA also protects employees based on perceived sexual orientation or gender identity. If a manager targets you because they assume you’re gay, whether or not that assumption is correct, you may have a viable claim. The same protection extends to employees targeted because of their association with an LGBTQ+ individual.

At the federal level, the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County confirmed that Title VII of the Civil Rights Act prohibits discrimination based on sexual orientation and gender identity as a form of sex discrimination. Title VII applies to employers with 15 or more employees, so California’s broader FEHA threshold captures employers that fall below the federal floor.

A few additional California protections worth knowing:

• Supervisor harassment: Employers are directly liable for harassment by supervisors. For coworker harassment, liability attaches when the employer knew or should have known and failed to take corrective action.
• Gender-affirming care: Employer-provided health plans must cover medically necessary gender-affirming care in the same manner as other medically necessary treatments.
• Restroom access: California regulations require employers to allow employees to use restroom facilities consistent with their gender identity or expression.

Filing a FEHA Claim: Deadlines & the CRD Process

Before filing a lawsuit under FEHA, you must file a complaint with the California Civil Rights Department (CRD) and obtain a right-to-sue notice. You can request that notice immediately without waiting for a CRD investigation to conclude. Once issued, you have one year to file a civil lawsuit in California court.

The deadline to file a FEHA complaint with the CRD is three years from the most recent discriminatory act. A federal Title VII claim through the EEOC carries a significantly shorter window: 300 days from the discriminatory act. These are two separate deadlines on two separate legal tracks, and missing either one can bar the claim entirely.

One practical note: filing a CRD complaint automatically cross-files with the EEOC under a work-sharing agreement, which can preserve both your state and federal claims at once. A successful FEHA claim may recover back pay, front pay, lost benefits, and emotional distress damages, with punitive damages potentially available in cases involving particularly egregious conduct. Reinstatement may also be an option. The earlier you consult with an attorney, the more options you may preserve.