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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 Office of Jeannette A. Vaccaro 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.

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.

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

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.

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