Your rights at work as an LGBTQ+ worker in California

This page covers firing, harassment, names, pronouns and restrooms. It is general information, not legal advice. For the general steps of a complaint, see How to file a discrimination complaint in California.

Can I be fired for being LGBTQ+?

No. California's Fair Employment and Housing Act (FEHA) makes it illegal to fire, refuse to hire, demote, cut pay or hours, or treat you worse because of your sexual orientation, gender identity or gender expression (CRD Employment). It also covers people who are transitioning (2 CCR 11034).

• Who is covered: employees, job applicants, unpaid interns, volunteers and contractors (CRD fact sheet).
• Which employers: the discrimination rules apply to employers with 5 or more employees. Harassment is illegal at every workplace, even one with fewer than five (CRD Employment).
• Your status: FEHA applies to California workers regardless of citizenship or immigration status, and CRD does not ask about status (CRD Employment).

Federal law protects you too. In Bostock v. Clayton County (2020), the U.S. Supreme Court held that firing someone for being gay or transgender violates Title VII. Title VII covers employers with 15 or more workers (42 U.S.C. 2000e). California's law reaches smaller employers, so CRD is usually the first place to go.

What counts as harassment?

Harassment is unwelcome conduct because of who you are that makes work hostile. It can come from a boss, a coworker, or a customer or client. Examples from the CRD fact sheet:

• Slurs, jokes or comments about your sexual orientation or gender
• Coworkers creating a hostile environment
• Customers or others intentionally using the wrong name or pronouns
• Questions about your body or whether you plan to have surgery

One serious incident can be enough. California law says a single incident can be harassment if it unreasonably interfered with your work or created a hostile environment (Gov. Code 12923).

Your employer must act. Employers with 5 or more workers must give harassment training every two years, and the training must cover harassment based on gender identity, gender expression and sexual orientation (Gov. Code 12950.1). If you told your employer and nothing changed, write down who you told and when.

What are my rights to my name, pronouns and restroom?

California rules (2 CCR 11034) and the CRD fact sheet say:

Name and pronouns

• If you ask to be called by your name and pronouns, your employer must honor that. Failing to do so can break the law.
• You do not need a legal name change, surgery or any other step first.
• Your employer may use your legal name only where the law requires it, such as payroll and tax records.

Restrooms and locker rooms

• You may use the facilities that match your gender identity, no matter the sex you were assigned at birth.
• Single user restrooms must have gender neutral signs, like "All Gender Restroom."
• Your employer can offer privacy options, like locking stalls, but cannot force you to use a certain facility.
• You cannot be asked to show medical proof or ID to use a restroom.

Dress codes

• You may dress in line with your gender identity and expression. Dress codes must be applied to everyone the same way. A dress code that conflicts with your gender identity is illegal unless the employer proves a business necessity.

Questions and records

• Employers should not ask about your sex assigned at birth, your body, or your transition as a condition of a job. You can raise these topics yourself if you want an accommodation.

Health plan

• An employer health plan must cover medically necessary gender affirming care (CRD fact sheet).

What if I complain and things get worse?

Retaliation is also illegal. Your employer cannot punish you for complaining about discrimination or harassment, for helping a coworker, or for filing with CRD (Gov. Code 12940(h)). Cutting your shifts after a complaint is one example CRD gives.

If your boss threatens to call immigration because you complained, that is a serious warning sign. Read What to do if your boss threatens to call immigration and talk to a lawyer.

How do I file a complaint?

1. Write it down. Use the incident record. Dates, names, words used, witnesses.
2. Save evidence to your own phone or email: texts, schedules, write ups, photos of signs.
3. Report inside your job if it is safe. Follow the employer's complaint process in writing if there is one. Keep a copy.
4. File with CRD within 3 years of the last harm (CRD complaint process). File online through CRD's portal, by phone at 800-884-1684, by email to contact.center@calcivilrights.ca.gov, by mail to 651 Bannon Street, Suite 200, Sacramento, CA 95811, or in person (How to file).
5. Do the intake interview. CRD decides whether to accept the case, then investigates. It offers free mediation. If it finds cause, mediation is typically required before CRD files a lawsuit.

Want to go straight to court? In employment cases you must first get an immediate Right to Sue notice from CRD (CRD complaint process). You must file with CRD even if you plan to go to court. Once CRD issues the notice, you have one year from the date of the notice to file your lawsuit (Gov. Code 12965). Talk to a lawyer before choosing this path.

What should I avoid?

• Deleting messages or leaving evidence only on a work account you could lose.
• Quitting in anger before you get advice. Leaving can affect pay, unemployment and your case. See Can I get unemployment after being fired or quitting?
• Signing a release or settlement without reading it with a lawyer or clinic.
• Waiting. Memories fade and deadlines pass.

Who can help?

• California Civil Rights Department: 800-884-1684, Relay 711, TTY 800-700-2320 (contact).
• Legal Aid at Work, Workers' Rights Clinic: free and confidential, income limits or age 60 and up. East Palo Alto line (415) 404-9093 (clinic page).
• San Mateo County Pride Center: mental health services, peer groups and youth programs, (650) 591-0133 (Pride Center). For San Mateo County.
• If this is hurting you: Where LGBTQ+ people can find affirming counseling. Young LGBTQ+ people can reach The Trevor Project at 1-866-488-7386 or text START to 678678, 24/7.
• More: Free help with a work problem in the Bay Area.

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

If you are thinking about suicide or are in crisis, call or text 988 or chat at 988lifeline.org. If you are in danger, call 911.

Frequently asked questions

I am not out at work. Am I still protected? Yes. The protection is for your sexual orientation and gender identity themselves, whether or not you have told anyone at work. You decide who to tell.

Can my boss tell me to "tone it down" or dress differently from others of my gender? Dress codes must apply equally and cannot conflict with your gender identity or expression unless there is a true business necessity.

My work papers show my old name. Will that out me? Your employer may use your legal name only where the law requires it. Everywhere else, like badges, email and schedules, you can ask for your name.

I am undocumented. Is filing with CRD safe? CRD does not ask about immigration status, and FEHA protects you regardless of status. If you have immigration worries, talk with a free clinic or a lawyer before filing. See Free legal help in the Bay Area.

It happened at a business with only 3 workers. Harassment is still illegal there. The discrimination rules for firing and hiring start at 5 employees.

We checked these rules on October 21, 2026. Laws change; check the linked pages before you act.