Sexual Orientation Discrimination Attorney

Expert LGBT Discrimination Attorneys

Sexual orientation discrimination is particularly horrific because it can easily create a hostile work environment for its victims. If you believe that you are experiencing this form of discrimination, our team at West Coast Employment Lawyers are readily available to assist you. We will protect your rights, aggressively pursue legal action against the opposing side, and get you the compensation you deserve. 

To schedule a free case evaluation with one of our top-rated sexual orientation discrimination lawyers, you may contact us by calling 213-927-3700, emailing [email protected], or completing our online contact form located on the bottom of the page.

What Is Sexual Orientation Discrimination?

Sexual orientation discrimination in the workplace is when an employer treats an applicant or employee unfairly due to their sexual orientation. Some examples of sexual orientation discrimination include the following:

  • Your employer places you in a low paying position due to your sexual orientation.
  • Your employer is making rude or disrespectful comments towards you because of your sexual orientation.
  • Your employer is giving your coworkers of a certain sexual orientation raises or promotions. For instance, all employees who are heterosexual received a raise, whereas employees who are homosexual did not.
  • An employer is refusing to hire applicants who are of a certain sexual orientation with the excuse being that they do not feel comfortable having them in the workplace.

What Laws Protect You Against Sexual Orientation Discrimination?

The Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964 are laws that protect applicants and employees against sexual orientation discrimination. 

According to these two laws, it is prohibited for an employer to make business decisions with the motive being an employee’s sexual orientation. This includes targeting those who are heterosexual, homosexual, or bisexual. 

What Are Some Signs of Sexual Orientation Discrimination?

Sexual orientation discrimination may vary based on the circumstances involved. Sometimes, it may be obvious and other times it may be subtle. Below are some common signs you should look out for: 

  • Making comments or jokes about your sexual orientation.
  • Allowing or participating in a hostile work environment that targets employees of a certain sexual orientation.
  • Limiting advancement opportunities if you are of a certain sexual orientation.
  • Distributing offensive memes or videos about a certain sexual orientation.
  • Forcing you to work on different tasks than everyone else because of your sexual orientation.
  • Allowing others to sexually harass you because of your sexual orientation.
  • Getting fired for changing your gender identity or openly sharing your intention of doing so.

How Do You Report Sexual Orientation Discrimination?

You may file an internal complaint to your Human Resources (HR) department. Once they evaluate what you have submitted, they will initiate an investigation to resolve the issue. 

If you are not satisfied with how your internal complaint was handled, you may file a complaint with the Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). They will start an investigation and interview all parties involved. 

Either of these agencies may suggest a mediation in order to negotiate a settlement without having to go to trial. However, if it is unsuccessful, they may file a lawsuit on your behalf. Or, they may issue a Right to Sue Notice to allow you to sue your employer instead.

You may also file a complaint with the U.S. Office of Special Counsel (OSC). This federal agency reviews and investigates allegations of sexual orientation discrimination, and other prohibited practices that fall under the Civil Service Reform Act of 1978. 

Can You Get Fired for Reporting Sexual Orientation Discrimination?

Your employer cannot fire you for reporting sexual orientation discrimination. Notifying an external or internal source about the unlawful business practices occurring within the workplace is a protected legal activity, meaning that your employer is prohibited from retaliating against you as a response.

Below is a list of other protected activities under Title VII and FEHA. 

  • Filing a sexual orientation discrimination claim.
  • Taking steps to oppose harassment in the workplace.
  • Participating as a witness in a sexual orientation discrimination case.
  • Aiding with sexual orientation discrimination investigations.

How Do You Prove Sexual Orientation Discrimination?

To prove sexual orientation discrimination, you will need to document your case and be as diligent as possible. Gather as much evidence as you can, such as documents, emails, text messages, or legally recorded audio. You must have evidence of the following:

  • You suffered an adverse employment action on behalf of your employer, such as getting fired or demoted. 
  • A substantial motivating factor for your employer’s discriminatory actions were due to your sexual orientation.
  • You were physically or mentally harmed because of your employer’s actions.

West Coast Employment Lawyers Is Here to Help

If you are a victim of sexual orientation discrimination, you may be entitled to file a lawsuit against your employer to recover damages. 

At West Coast Employment Lawyers, we are available 24/7 to offer legal assistance. Our legal team is committed to helping victims of sexual orientation discrimination receive full vindication, fair compensation, and the peace of mind they deserve.

To schedule a free consultation, we welcome you to contact us by calling 213-927-3700, emailing [email protected], or completing our quick online contact form located on the bottom of the page.

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