Q: California law prohibits employers of five or more employees from discriminating against applicants or employees.
What if a case of discrimination happens against a transgender but the business in question has just four employees?
Then there is no protection. Discrimination on the basis of transgender status is unlawful because the California Fair Employment and Housing Act makes it so. That law does not apply to businesses of less than five employees.
However a meritorious harassment claim based on transgender status requires only one employee.
Good luck to you.
California's method of counting employees for FEHA purposes, includes part-time employees and person working outside the state of California. Thus, the employer can have five employees for purposes of a discrimination claim under California law, even if the employer never had more than 4 employees at anytime during the year.
Further, harassment claims only require 1 employee. You may want to speak with an employment attorney. Most provide free consultations.
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