Can I Be Fired for Being LGBTQ+? A Legal Guide for California Employees

Under California law, employees are protected from workplace discrimination based on sexual orientation, gender identity, and gender expression. Termination based on your LGBTQ+ status is illegal and gives you the right to pursue legal action. This guide explains your rights under the California Fair Employment and Housing Act (FEHA), provides examples of unlawful termination, and details how to file a claim if you have experienced LGBTQ+ discrimination at work.

Anti-Discrimination Protections Under FEHA

California’s Fair Employment and Housing Act (FEHA) is one of the most comprehensive anti-discrimination laws in the United States. FEHA protects employees and job applicants from discrimination, harassment, and retaliation by employers based on specific protected characteristics. These protections apply to companies with five or more employees.

Under FEHA, it is unlawful for an employer to discriminate against someone due to their:

• Sexual orientation
• Gender identity
• Gender expression
• Perceived orientation or identity, even if incorrect

These protections apply in every stage of employment, including hiring, promotions, pay, training, workplace assignments, and termination. Employers are also required to take reasonable steps to prevent discrimination and harassment in the workplace.

California law is broader than federal law, providing strong and enforceable protections specifically for LGBTQ+ employees. Even if federal law does not recognize a specific right, FEHA may offer that protection.

Examples of Illegal Firing Due to LGBTQ+ Status

Wrongful termination can take many forms. If you were let go or demoted and believe your LGBTQ+ identity was a factor, your rights may have been violated. Below are some examples of unlawful termination based on sexual orientation, gender identity, or gender expression:

• An employee is fired after coming out as transgender.
• A gay employee is terminated shortly after disclosing their relationship status with a same-sex partner.
• A lesbian employee is told that she does not “fit the company culture” and is subsequently let go without clear justification.
• An employee is harassed for wearing clothing consistent with their gender identity and then fired for “violating dress code.”
• A nonbinary employee is denied promotions and later terminated after requesting use of correct pronouns in the workplace.

In all of these examples, the termination may be illegal if the real reason for the decision was the employee’s LGBTQ+ status and not a valid business reason.

How to Pursue a Claim for LGBTQ+ Discrimination

If you believe you have been wrongfully terminated due to your LGBTQ+ identity, you have the right to take legal action under California law. Here’s how you can start the process:

1. Document Everything: Keep records of emails, performance reviews, text messages, and any other communication related to your employment and dismissal.
2. File a Complaint with the Civil Rights Department (CRD): Formerly known as the Department of Fair Employment and Housing (DFEH), the CRD handles complaints under FEHA. It’s generally required to file a complaint with CRD before you can sue your employer.
3. Obtain a Right-to-Sue Notice: In most cases, you must request and receive a “Right-to-Sue” notice from CRD before you can file a lawsuit in civil court.
4. Consult an Employment Attorney: LGBTQ+ discrimination claims can be complex. An employment attorney can assess your case, represent your interests, and help you obtain compensation for lost wages, emotional distress, and other damages.

California’s statute of limitations for FEHA claims is generally three years from the date of the last unlawful act. However, deadlines can vary, so it is important to take prompt action.

For more support with your case, visit our page on LGBTQ+ discrimination and wrongful termination.

Contact Miracle Mile Law Group for Help

If you have experienced workplace discrimination or believe you were fired because of your LGBTQ+ status, the legal team at Miracle Mile Law Group is here to help. We represent employees across California and are committed to fighting for justice in the workplace.

Contact us today for a free consultation to discuss your rights and potential legal remedies.