July 2025 Legal Term Highlight
LGBTQ+ Workplace Discrimination Protection Under California’s FEHA
Provided by SDBEA Corporate Partner: Gomez Trial Attorneys
What is California’s Fair Employment and Housing Act (FEHA)?
California’s Fair Employment and Housing Act (FEHA) prohibits workplace discrimination based on sexual orientation and gender identity. It protects employees from harassment, wrongful termination, and unequal treatment, while requiring employers to provide reasonable accommodations and maintain inclusive workplaces. The law applies to businesses with 5+ employees and covers hiring, promotion, pay, and workplace conditions.
Why This Matters for LGBTQ+ Business Owners
LGBTQ+ business owners face unique challenges – they must comply with anti-discrimination laws as employers while also protecting themselves from discrimination in business relationships, contracts, and partnerships. With California’s expanded LGBTQ+ workplace protections in full effect, understanding both your obligations and rights is more critical than ever.
Three Key Things to Know
- You’re Protected AND Responsible – As an LGBTQ+ business owner, you have rights against discrimination while also having legal obligations to protect your employees.
- Documentation is Everything – Whether experiencing discrimination or defending against claims, detailed records of incidents, policies, and communications are crucial.
- Proactive Policies Prevent Problems – Clear anti-discrimination policies, regular training, and inclusive practices aren’t just legal requirements—they’re business advantages that attract top talent and loyal customers.
Real-World Example
Maria, an LGBTQ+ restaurant owner, faces discrimination when a landlord refuses to rent commercial space after learning about her same-sex marriage. Meanwhile, her employee complains about anti-gay jokes from coworkers. Under FEHA, Maria has legal protection against the landlord’s discrimination AND must address the workplace harassment to avoid liability.
Immediate Action Steps
- Review and update your employee handbook with clear LGBTQ+ anti-discrimination policies
- Train all managers on recognizing and addressing discrimination and harassment
- Post required workplace notices in visible areas
- Document any discrimination you face as a business owner
Warning Signs to Watch For
As a victim: Comments about your “lifestyle,” sudden contract cancellations after personal information is revealed, exclusion from business networks, or different treatment compared to non-LGBTQ+ peers.
As an employer: Employee complaints about harassment, jokes about sexual orientation/gender identity, exclusion of LGBTQ+ employees, or resistance to inclusive policies.
When to Contact an Attorney
Contact an attorney immediately if you experience or witness discrimination, harassment, or retaliation. Don’t wait if you receive discrimination complaints, face threats to business relationships due to your LGBTQ+ status, or need help creating compliant workplace policies.
Resources
- California Department of Fair Employment and Housing: dfeh.ca.gov
- San Diego Human Relations Commission
- EEOC.gov for federal protections
Contact Gomez Trial Attorneys
755 Front Street, San Diego, CA 92101
833-GET-GOMEZ | 844-GOMEZ-GANA
info@getgomez.com | GetGomez.com
For SDBEA Members:
- Free initial consultations for discrimination cases
- Priority consultation scheduling
- Complimentary workplace policy review
- Contingency fee arrangements available
Mention your SDBEA membership for priority scheduling.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every situation is unique – consult with an experienced attorney for advice specific to your circumstances.