If you are a person who considers himself part of the LGBTQ community in California, your employer cannot fire you without reason, this due to the way you dress, communicate your ideas or opinions, express yourself ethnically or religiously, as well as other related reasons. with your way of being and that may be considered discriminatory in a work environment within said state.
However, many people who belong to this community and who have the right to be respected like others; have doubts when starting a new job about how they can be protected by law in the event of a dispute, misunderstanding or, as we have already mentioned, unfair dismissal.
Here are some common questions to educate yourself on the subject, or take strong action in case of suffering or witnessing workplace abuse towards these people or of this type:
Are there exceptions where California and federal laws that protect all LGBTQ workers may be violated?
No. Most workers within the state of California are protected, regardless of their immigration status, however, there are people who may be exempt from them due to:
-Religious themes or institutions
-When the business or company is small and does not have the logistics or the requirements for it (more than 5 people).
However, you can take legal action if you suffer any abuse or are part of a conflict at work. This in the same way will be covered by the law, this regardless of whether or not the company meets the minimum staff.
Can my employer physically or psychologically harass me for being part of the LGBTQ community?
No.
Any verbalized action or that seeks non-consensual physical contact, and within the work space with the intention of harming, is considered an aggression that, when repeated, can become harassment and should not be allowed.
Is it mandatory for my employer or the company I work for to respect my gender identity?
Yes. California law even recognizes identities that do not conform to the norm, such as non-binary, and requires that each person’s gender be respected, as well as the way each person expresses it, so if there is an incident or discriminatory labor conflict for this reason, the complaint you make is completely appropriate before the authorities.
If I am openly part of or allied with the LGBTQ community, am I protected by California labor laws?
Yes. And, even if your co-workers or employer suspects it without you declaring yourself part of it, it is a crime to retaliate in any way for it, including unpleasant jokes, sarcastic or ironic comments, verbal or sexual harassment, etc.
Do I have the right to use the bathroom of the gender with which I identify if I am non-binary or transsexual?
Correct. If you are forced to use one with which you do not feel identified or even causes you discomfort, you have the right to report it until action is taken in this regard.
If someone addresses me at work with the wrong pronoun, should I consider it harassment?
Not unless you consider it an assault. If it was a mistake, let them know what the ideal pronoun is for them to refer to you to avoid misunderstandings.
If, once the situation has been clarified, it continues or recurs, it is necessary to speak with the employer or the person in charge of human resources of the company for an immediate solution.
If you think there are other questions that you would like answered on this topic, organizations like the ACLU Southern California can help you clear up other concerns in this regard.
However, if you want legal advice on labor laws, do not hesitate to contact our law firm to provide you with advice and options that can help you in case you want to make a claim for LGBTQ discrimination or, workplace harassment for this reason or others.