×
Menu
Search
Home / Practice Areas / Discrimination / Sexual Orientation Discrimination

San Francisco Sexual Orientation Discrimination Lawyers

When a person is treated differently based on sexual orientation, it is considered discrimination. Unfortunately, there have been more and more cases of this type of discrimination surfacing in the workplace. It can occur in recruitment, hiring, promotions, and even job training and assignments.

California has made significant strides in protecting the rights of LGBTQ individuals, however, employees still regularly face wrongful termination due to their sexual orientation. Still, others have been unable to continue working because a hostile environment makes work intolerable. I understand the importance of protecting and enforcing the rights of individuals who face unfair treatment.

California Sexual Orientation Discrimination Laws

There were no reliable nationwide protections against LGBTQ+ discrimination in the United States until 2020, though California has had its own statewide anti-discrimination protections regarding sexual orientation in place since 2003.

The California Fair Employment and Housing Act (FEHA) has long extended workplace anti-discrimination and harassment laws to gay, lesbian, and transgender employees. The FEHA also provides discrimination protections to individuals due to their sex or gender, gender identity, gender nonconformity, or gender expression.

An employee can bring a discrimination claim under FEHA if their employer has a minimum of five employees. Furthermore, the employer only needs to have one worker for employees to be able to file harassment charges based on sexual orientation under state law.

Some common examples of sexual orientation discrimination include:

  • You are denied benefits for your partner because they are the same sex as you.
  • Your boss fires you because others know or think you are gay, bisexual, straight, or lesbian.
  • Your employer treats you differently after learning about your sexual orientation.
  • You suffer harassment at the workplace due to your sexual orientation.
  • You are treated more harshly or denied benefits or bonuses due to your sexual preferences.
  • You experience hostile comments about your mannerisms, sexual activity, or other matters related to your sexual orientation.
  • You were treated differently (i.e. fired, demoted, disciplined, or not promoted) because your employer learned that you are a transgender person.

These are only a few examples of the many ways that sexual orientation discrimination can occur in California workplaces.

Damages Available for Sexual Orientation Discrimination

Those who have successful sexual orientation discrimination cases can recover compensation for several types of damages, including:

  • Back pay
  • Front pay
  • Reinstatement
  • Legal fees and expenses
  • Policy changes and training
  • Non-economic damages, such as emotional distress
  • Punitive damages intended to punish the employer for unlawful actions

In addition, the California Department of Fair Employment and Housing (DFEH) can also impose administrative fines against employers who violate discrimination laws. Keep in mind that the damages that apply vary from one case to the next depending on the specifics of the claim. It’s best to speak with an experienced San Francisco sexual orientation discrimination lawyer about what damages might be available in your claim and how much they might be worth.

Speak with a San Francisco Sexual Orientation Discrimination Lawyer

Whomever you choose to love and your gender expression shouldn’t affect your career opportunities or result in a hostile work environment. Our San Francisco sexual orientation discrimination attorney has experience representing victims in filing complaints under FEHA for sexual identity discrimination.

Contact the Law Offices of Jeannette A. Vaccaro PC today to schedule a confidential consultation. During this crucial meeting, we will address your questions about your rights under California employment laws and provide reliable legal guidance regarding workplace rights, unlawful workplace retaliation, or wrongful termination. The sooner you contact us, the sooner we can help.

 

FAQs About Sexual Orientation Discrimination

How can sexual orientation discrimination manifest in the workplace?

Common examples include being denied benefits for a same-sex partner, facing different treatment after your employer learns about your sexual orientation or being subjected to hostile comments about your personal relationships. Employees may be passed over for promotions, recieve unequal compensation or experience harassment based on assumptions about their sexual orientation or gender expression.

What should I do if I experience sexual orientation discrimination at work?

Document all instances of discriminatory behavior by keeping detailed records of dates, times, witnesses and specific actions or comments made against you. Report the discrimination to your HR department or supervisor according to your company’s policies, and preserve all communications related to your complaint.

Do I need to report discrimination internally before filing a legal claim?

While not legally required, reporting discrimination through your employer’s internal procedures can create important documentation and may resolve the issue without litigation. However, if internal reporting doesn’t address the problem or if you face retaliation, you should consult with an experienced employment attorney immediately.

What if my employer has a policy against sexual orientation discrimination but allows it to happen anyway?

Having a non-discrimination policy doesn’t shield employers from liability if they fail to enforce it or allow discriminatory behavior to continue. If your employer knew or should have known about the discrimination yet didn’t take appropriate corrective action, they can still be held liable under California law.

Is it discrimination if my coworkers make jokes or comments about LGBTQ+ people?

Yes, persistent jokes, slurs or derogatory comments about sexual orientation can contribute to a hostile work environment, which constitutes discrimination under California law. Your employer has a duty to address this behavior and prevent it from continuing once they become aware of it.

What protections do transgender employees have in California?

California law provides comprehensive protections for transgender employees, including discrimination based on gender identity, gender expression and gender transition. These protections cover issues such as bathroom access, dress codes and the right to be addressed by your preferred name and pronouns.

Think You May
Have A Case?

Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.

Have a Case

Jeannette A. Vaccaro is a Passionate and zealous advocate, representing employees in all facets of employment law.

Badge1
Badge2
Badge3
Badge4
Badge5
Badge6
Badge7
Badge8
Badge9
Badge10

Think You May Have A Case?

Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.

What Our Clients Say

Free Resource

Rights and Responsibilities of Disabled Employees In California Law

Book