It is an unlawful employment practice ... For an employer, because of the ... gender, gender identity, gender expression ... or sexual orientation of any person, to refuse to hire or employ the person or to ... discharge the person from employment ... or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.
California Fair Employment and Housing Act, Gov. Code § 12940(a).That means you cannot be treated differently from any coworker because you are lesbian, gay, bisexual, transitioning, transgendered, or have a gender identity which differs from expectations. The cases instruct that the onus is not on the employee to stay in the closet, but that employers are required to conform their own behavior and the behavior of their managers, employees, and related individuals to protect you.
Indeed, the law protects you from discrimination and harassment based on the following complete list: "race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation."
Likewise, you cannot be underpaid because of your sexual orientation or gender identity. You are entitled to receive full pay, to not be misclassified as an exempt employee when you do not meet the criteria, and to receive overtime when it has been earned.
Similarly, the law protects you from retaliation because of complaints about harassment, discrimination, hostile work environment, or other unlawful employment practices.
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