US-CaliforniaCan my employer discriminate against me because of my age or disability?
No, your employer cannot discriminate against you based on your sexual orientation in California. State law explicitly prohibits such discrimination in employment.
What the Law Says
California’s Fair Employment and Housing Act (FEHA) is one of the strongest anti-discrimination laws in the U.S. It explicitly protects employees from discrimination based on sexual orientation — including hiring, firing, promotion, compensation, and terms of employment.
FEHA applies to employers with five or more employees, labor organizations, employment agencies, and apprenticeship programs.
The law defines 'sexual orientation' broadly to include heterosexuality, homosexuality, bisexuality, and gender expression or identity associated with a particular sexual orientation.
Employers who violate FEHA may face civil penalties, compensatory damages, punitive damages, and mandatory training or policy changes.
Statutory TextIt is an unlawful employment practice… for an employer… to refuse to hire or employ a person or to bar or to discharge a person from employment… because of… sexual orientation.
— Gov. Code § 12940(a) — Unlawful practices
Statutory Text'Sexual orientation' means heterosexuality, homosexuality, and bisexuality.
— Gov. Code § 12926(q) — Definitions
What Courts Have Said
California courts have consistently affirmed that FEHA provides robust protection against sexual orientation discrimination — treating it as seriously as race or sex discrimination.
The court held that hostile work environment claims based on sexual orientation are fully actionable under FEHA, rejecting arguments that such claims require proof of greater severity than other protected categories.
While not exclusively about sexual orientation, this landmark case reinforced that FEHA is intended to provide broader protections than federal law — supporting expansive interpretation of protected categories like sexual orientation.
What to Do
Document everything: Save emails, messages, witness names, dates, and details of discriminatory acts.
Report internally: Follow your employer’s complaint procedure — but know this doesn’t extend legal deadlines.
File with DFEH within 3 years (or 72 hours for emergency harassment restraining orders).
Consult an attorney or contact the DFEH directly for free intake assistance.
If DFEH issues a 'right-to-sue' letter, you may file a civil lawsuit within one year.
Sources
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.