This article gives general information about how California and federal law protect workers based on sexual orientation, gender identity and gender expression. It is not advice about any one person's situation.

The short answer

California law generally prohibits employers from discriminating against workers because of their sexual orientation, gender identity or gender expression. These protections come from the California Fair Employment and Housing Act, often called FEHA (CRD: Employment).

The discrimination rules generally apply to employers with 5 or more employees. Harassment rules reach further. Harassment is prohibited in all California workplaces, even those with only one employee. The harassment protections also cover unpaid interns, volunteers and contractors (CRD: Employment).

Federal law can apply too. The U.S. Equal Employment Opportunity Commission (EEOC) says that discrimination because of sexual orientation or transgender status is discrimination because of sex (EEOC: Sex-based discrimination). Most employers with at least 15 employees are covered by the laws the EEOC enforces (EEOC: Overview).

Our sexual orientation discrimination guide goes deeper on how these rules can apply day to day.

What the terms mean

The California Civil Rights Department (CRD) explains these terms in its fact sheet on the rights of transgender and gender nonconforming employees (CRD fact sheet).

  • Sexual orientation: a person's sexual or romantic attraction to others. It may include terms like straight, gay, lesbian, bisexual or pansexual.
  • Gender identity: a person's internal understanding of their gender. This could be male, female, a combination, neither, or nonbinary. It may differ from the sex a person was assigned at birth.
  • Gender expression: a person's gender-related appearance or behavior, such as mannerisms, clothes or hairstyle.

Rights for transgender and nonbinary workers

The same CRD fact sheet describes several specific rights at work (CRD fact sheet).

Names and pronouns. Employees have the right to be addressed by the name and pronouns that match their gender identity. Intentionally using the wrong name or pronouns for an employee can be harassment.

Restrooms and locker rooms. Employees generally have the right to use the restroom or locker room that matches their gender identity. They should never be forced to use a single-user restroom as a matter of policy. Where possible, employers should offer an all-gender single-user restroom that any employee may choose to use.

Dress codes. An employer with a dress code must enforce it without discrimination. It should let employees dress in line with their gender identity and expression.

Job interviews. Interviewers should not ask questions meant to find out a person's gender identity or transition history. They also should not ask about a person's body or surgery plans.

Health coverage. Employer health plans must cover medically necessary gender-affirming care.

Speaking up. Employers may not retaliate against an employee for asserting these rights.

If unwelcome comments or conduct are part of the picture, our harassment guide explains how California generally looks at harassment at work.

California and federal law side by side

Both state and federal law protect LGBTQ workers. California's FEHA generally reaches smaller employers and gives more time to file (CRD: Employment, EEOC: Overview).

FEHA and Title VII at a glance

California (FEHA)

  • Discrimination rules cover employers with 5 or more employees
  • Harassment rules cover all employers, even with 1 employee
  • Sexual orientation, gender identity and gender expression are listed by name
  • Enforced by the California Civil Rights Department
  • CRD intake form generally due within 3 years of the last harm

Federal (Title VII)

  • Covers most employers with at least 15 employees
  • Same 15 employee threshold generally applies to harassment
  • Sexual orientation and transgender status are covered as sex discrimination
  • Enforced by the EEOC
  • EEOC charge generally due within 300 calendar days in California

Where complaints generally go

There are two main government agencies. Each has its own process and deadline.

California Civil Rights Department. A CRD complaint generally starts with an intake form. It is due within three years of the date you were last harmed (CRD: Complaint process). A worker can ask CRD to investigate. Or the worker can ask for an immediate Right-to-Sue notice instead. After a CRD Right-to-Sue notice, a lawsuit generally must be filed within one year (CRD: Right to sue).

U.S. Equal Employment Opportunity Commission. In California, an EEOC charge generally must be filed within 300 calendar days. Federal employees follow a different path. They generally must contact an agency EEO Counselor within 45 days (EEOC: Time limits). EEOC charges can be completed through the EEOC Public Portal (EEOC: Filing a charge).

How the two connect. A charge filed with a state agency like CRD is generally dual-filed with the EEOC when federal law also applies (EEOC: Filing a charge). There is one key exception. When a worker asks for an immediate Right-to-Sue notice, CRD will not file the complaint with the EEOC. A federal right-to-sue notice must come from the EEOC (CRD: Right to sue).

General filing windows

  1. Generally within 45 days

    Federal employees: contact an EEO Counselor

    Applies to federal government workers only.

  2. Generally within 300 calendar days

    EEOC charge

    For non-federal workers in California.

  3. Generally within 1 year

    Lawsuit after a CRD Right-to-Sue notice

    Counted from the date of the notice.

  4. Generally within 3 years

    CRD intake form

    Counted from the date you were last harmed.

Sources: EEOC: Time limits for filing a charge, CRD: Right to sue, CRD: Complaint process

Our where to file tool can help you sort out which agency fits which issue.

A final word

Deadlines matter, so it can help to check both agencies' time limits early. California and federal law offer protections that may apply to LGBTQ workers. Keeping notes, dates and copies of messages can make it easier to understand your options later.