California law is clear and sweeping in its protection of gay and lesbian employees from discrimination because of sexual orientation. On January 1, 2000, new laws went into effect that strengthen protection and remedies available to employees, and explicitly protect students from sexual orientation discrimination. From this point forward, the Department of Fair Employment & Housing (DFEH) will have jurisdiction over complaints of employment discrimination on the basis of sexual orientation that occurred after January 1, 2000. For acts of discrimination that occurred before January 1, the State Labor Commissioner will exercise jurisdiction, as under the former law. Employees have both administrative and judicial remedies against employers who discriminate based on sexual orientation. The administrative procedures are swift and efficient, thereby minimizing the cost and time involved in resolving employment disputes.
Gov't. Code Sec. 12940 now prohibits an employer from discriminating against an employee or independent contractor on the basis of sexual orientation or perceived sexual orientation.
