Although sexual identity is not explicitly protected on the federal level for public employees, California law does provide protection, as do some local-level policies.
LGBT employees have the right to enjoy a harassment-free, discrimination-free work environment.
In the recent case of Flood v. Bank of Am. Corp., before the U.S. Court of Appeals for the First Circuit, an employee asserted she received disparate treatment because of her bisexuality. She stopped reporting to work for this reason, and was subsequently fired. She sued under a state human rights law (this occurred in Maine), and the bank was granted summary judgment by the district court. However, the federal appeals court reversed on the portions of her claim pertaining to hostile work environment and wrongful termination, finding a reasonable jury could find the bank’s reason for firing the worker was pretextual and was actually due to her bisexuality. That means the plaintiff now gets a crack at a trial.