Fired for Who You Are? California’s LGBTQ+ Workers and the Fight for Fair Treatment

In California, legal protections for LGBTQ+ workers are among the strongest in the country. And yet, discrimination continues to cost people their jobs, safety, and peace of mind.

For all the corporate rainbow logos and “diversity statements” that show up each June, many LGBTQ+ workers are still left wondering if it is safe to speak up, be seen, or even stay in their workplace. When your job security depends on staying silent about who you are, something is deeply wrong and often, it is unlawful.

Legal Protections for LGBTQ+ Employees in California

California’s Fair Employment and Housing Act (FEHA) makes it illegal for an employer to discriminate based on sexual orientation, gender identity, or gender expression. These protections apply across the entire employment process, including:

• Hiring and promotions
  
• Termination or layoffs
  
• Harassment in the workplace
  
• Pay disparities
  
• Retaliation for reporting discrimination
  
• Denial of reasonable accommodations
  

In 2020, the U.S. Supreme Court also ruled in Bostock v. Clayton County that Title VII of the Civil Rights Act protects employees against discrimination based on sexual orientation or gender identity. But California already had state-level protections in place long before that.

So why are people still getting fired, passed over, or harassed?

The Reality Behind the Laws

Legal protections are only useful if they are enforced. And while California has made significant progress, too many LGBTQ+ employees are still facing unsafe, unfair, or outright hostile workplaces.

According to a report from the Williams Institute at UCLA School of Law:

• About 34 percent of LGBTQ+ workers in the U.S. have experienced discrimination in hiring, pay, or promotion.
  
• Over 55 percent of transgender workers report being harassed on the job.
  
• LGBTQ+ employees of color are significantly more likely to be fired or denied job opportunities compared to white LGBTQ+ employees.
  

These numbers reflect an uncomfortable truth. On paper, LGBTQ+ Californians have rights. But in practice, too many are still losing their jobs, being bullied out of the workplace, or feeling forced to hide who they are to keep a paycheck.

Discrimination Is Rarely Loud, But It Is Always Harmful

The modern workplace rarely fires someone while saying “it’s because you’re gay” or “we don’t support transgender employees.” Instead, bias shows up in coded language. Someone is not a “culture fit.” They were “making others uncomfortable.” There were “concerns about professionalism.” Vague complaints about attire or demeanor are often levied against gender nonconforming or transitioning employees. Promotions stall. Schedules shift. Suddenly, a dependable employee is being pushed out without anyone ever using the words “discrimination” or “bias.” That silence does not make it legal. And it certainly does not make it right.

What Discrimination Can Look Like

Some of the most common forms of LGBTQ+ employment discrimination include:

• Being excluded from meetings, projects, or promotions
  
• Hostile comments or jokes from coworkers or supervisors
  
• Denial of benefits for same-sex partners
  
• Refusal to use correct pronouns or names
  
• Being outed without consent
  
• Retaliation after making a complaint or HR report
  

Harassment does not need to be physical to qualify as illegal. A pattern of demeaning behavior, exclusion, or verbal abuse is enough to create a hostile work environment under California law.

“If You Don’t Like It, Just Get Another Job”

This is one of the most common refrains heard by LGBTQ+ workers who speak out. But quitting does not solve the problem. It only shifts it onto the next person. And for many workers especially those in smaller industries or rural parts of the state. Walking away is not a simple option. No one should be forced to choose between their job and their identity.

What You Can Do if You Have Experienced Discrimination

If you believe your rights have been violated, documentation is key. Write down what happened, when it occurred, who was involved, and whether there were any witnesses. Save emails, performance reviews, or written communication that might support your claim. Report the issue internally if it feels safe to do so, and keep a copy of your complaint.

Why This Matters to Us

Fraigun Law Group is built on the belief that the workplace should be a place of dignity not fear. We represent individuals who have been mistreated, ignored, or pushed out simply for being themselves. This is not about identity politics. It is about your right to show up to work, do your job, and be treated with respect. And if your employer failed to give you that, we are here to make it right.