It is essential to be aware of one’s LGBTQ+ civil rights to ensure they are not taken advantage of by the government, law enforcement, or society. Individuals may hold biases against certain groups and lash out in unfair ways, but everyone has inherent protection through their civil rights. Being aware of one’s civil rights makes it easier to recognize what a violation looks like and what actions to take to end it.
LGBTQ+ Civil Rights Violations can be Any of the following:
- Workplace discrimination
- Housing discrimination
- Discrimination concerning education
- Discrimination by police
- Voting discrimination
- Being discriminated against in a commercial location or public place
Some may treat a person differently simply because of sexual orientation or gender identity, whether intentional or unintentional. In the workplace, it may have an impact in the following areas:
- Performance reviews
- Work assignments
- Leadership/promotions
- How coworkers perceive you
- How coworkers treat you
LGBTQ+ Civil Rights Enforcement
The California Office of the Attorney General has committed to the enforcement of civil rights laws. The Civil Rights Enforcement Section includes the following civil rights issues:
- Businesses discriminate based on race, color, national origin, religion, disability, citizenship, sexual orientation, gender, etc.
- Worker’s rights
- Employment discrimination
- Housing discrimination
- Free speech protections
- Reproductive rights
- Sexual assault on college campuses
- Hate crimes
- Voting rights
- Education rights
- Immigration rights
The Civil Rights Enforcement Section identifies civil rights violations and works with local government agencies to be proactive in creating civil rights initiatives. If a civil rights violation has occurred, then the Civil Rights Enforcement Section will represent the Attorney General as California’s chief law officer in prosecuting those who have committed the violation in question.
Prohibited Discriminatory Acts
Discrimination in the workplace
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex and sexual orientation. Title VII also includes employment discrimination against individuals who are transgender. The law also makes it illegal to retaliate against a person because they complained about discrimination or filed a charge of discrimination. While the act initially did not protect these groups, recent interpretations have ruled in favor of LGBTQ+ individuals.
Title VII Prohibits Discriminatory Actions towards Protected Groups, including the following Actions:
- Hiring
- Firing
- Work training
- Testing
- Work assignments
- Job transfer
- Discipline
- Salary
- Overtime pay
- Retirement plans
- Leave and benefits
- Use of company facilities
If one wishes to file complaints under Title II of the Civil Rights Act, they must submit the complaint with the Equal Employment Opportunity Commission, and the Department of Justice has the authority to prosecute its enforcement. They may also perform investigations.
How to Create an Inclusive Workplace and Protect LGBTQ+ Civil Rights
- Create an environment where people feel comfortable with sharing their identity.
- Do not expect people to ‘out’ themselves.
- If possible, have gender-neutral restrooms.
- List pronouns and use preferred ones.
- Train on inclusivity. Set expectations and make sure all employees meet those expectations.
- Update company policy to make sure it protects employees who are a part of the LGBTQ+ community.
How to Create an Inclusive Space Outside the Workplace
LGBTQ+ Civil Rights and Housing
The California Fair Employment and Housing Act states that no business, government, or other controlling entity may discriminate against a person because of their sex, gender, or sexual orientation.
The act prohibits those involved in the housing business from discriminating against tenants or homeowners because of sex, gender identity, and sexual orientation. Acts of discrimination may include some of the following:
- Refusal to sell, rent or lease a space
- Refusal to negotiate
- Cancellation or termination of a sale or rental agreement
- Offering inferior terms and conditions
- Refusal to make reasonable accommodation
- Retaliation against an individual for filing a complaint
- Overly restrictive rules
LGBTQ+ Civil Rights and Education
Title IX prohibits discrimination based on sex and sexual orientation. The prohibition of discrimination means that individuals cannot be denied aid or be treated differently on this basis. For instance, an individual cannot be denied entry into an educational program because of their sexual orientation because it is irrelevant to their ability to perform the job.
Furthermore, in the 1950s, California passed the Unruh Civil Rights Act, which prohibits any business from participating in illegal discrimination against all people based on an individual’s sex, gender, and sexual orientation, among other factors.
If one believes they have been discriminated against because of their gender or sexual orientation and are preparing to file a discrimination claim, it is crucial to collect as much evidence as possible. The collection of evidence will increase one’s chances of success. Unfortunately, some of these cases may be difficult to prove, so it can be helpful to have as much proof as possible.
Frequently Asked Questions
Is my employer legally allowed to stereotype me? Would that count as discrimination?
The civil rights act prohibits an employer from discriminating against their employee because of sex-based stereotypes. They are not allowed to tell or require an employee to behave more “masculine” or “feminine” way. If you believe your employer is unlawfully stereotyping you, it may be beneficial to start documenting interactions and collecting evidence.
Is an employer or coworker allowed to make disparaging comments about my sexual orientation or gender identity?
It depends on the nature of the comments. The U.S. Equal Employment Opportunity Commission does not prohibit simple teasing or isolated incidents. The law prohibits harassment, so if the disparaging comments are frequent and create a hostile work environment or if it is the result of an adverse employment decision, then it should be prohibited.
What should I do if I suspect my employer is discriminating against me because of my gender or gender identity?
Employers cannot legally discriminate against anyone because of their gender or gender identity. If you have reason to believe an employer is discriminating against you, do your best to start documenting and collecting as much evidence as possible in case it comes to an investigation or lawsuit.
Is it legal for an employer to prevent a transgender person from presenting how they please?
It is illegal for an employer to prohibit an employee from dressing or presenting themselves in a consistent manner with their gender identity. Not allowing free expression is a form of discrimination, and it violates the Civil Rights Act of 1964.
Can an employer prevent someone from using the restroom that corresponds with their gender identity?
No. Your employer should not prevent you from using the restroom that matches your gender identity or asks you to provide identification to prove your gender.
Is an employer allowed to use pronouns or names that do not align with one’s gender identity?
It depends on the circumstances. It is not illegal if the misuse is accidental and without malicious intent. If this is the case, it may be in your interest to discuss it with your employer so you can feel comfortable and accepted in your workplace. However, it is deemed harassment and illegal if it is intentional and consistent.
Is it lawful for an employer to ask what my sexual orientation is during a job interview or on a job application?
No, it is not legal for an employer to ask about a potential employee’s sexual orientation during an interview or job application. It is illegal for an employer to make hiring decisions based on sexual orientation.
Is an employer required to respect an individual’s non-binary identity?
Yes, by law, they must respect your identity if you are non-binary. If an employer or company discriminates against you because you are non-binary, it is considered harassment.
Contact Pride Legal
If you or a loved one is suffering from a violation of civil rights, we invite you to contact us at Pride Legal for legal counseling or if you have any further questions. To protect your rights, hire someone who understands them.