Although many people believe that LGBTQ discrimination in the workplace is prohibited by federal law, it is actually only addressed on a state-by-state basis. If you believe that you have been discriminated against based on your sexual orientation or gender identity in San Jose, CA, then you will need to consult with a labor attorney in California to see what your rights are in that state.
The Employment Non-Discrimination Act has been unsuccessfully introduced in Congress multiple times since 1994. The Act would add LGBTQ discrimination protections in the workplace to national anti-discrimination laws, forcing states that currently don’t have these protections to adopt them. Most recently, in 2013, the law passed the Senate but failed to make it out of the House, leaving LGBTQ discrimination in the hands of the states.