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, receive unequal compensation, or experience harassment based on assumptions about their sexual orientation or gender expression.
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(415) 444-5800Sexual Orientation Discrimination
San Francisco Sexual Orientation Discrimination Lawyers
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.
If you have experienced this at your workplace, you are not alone, and you have every right to hold an employer accountable for treating you unfairly based on your sexual orientation.
At the Law Offices of Jeannette A. Vaccaro PC, we represent employees, never employers. Our practice focuses exclusively on standing up for workers who have faced discrimination, harassment, retaliation, and wrongful termination. We approach every case with attention to detail and a genuine understanding of what our clients are going through. When your career and dignity are on the line, you deserve an advocate who will listen closely and fight hard for the outcome you deserve.
Who We Work With
Sexual orientation discrimination can take many forms, and it often surfaces in ways that leave employees questioning what really happened. We help workers across a range of situations, particularly those who were wrongfully terminated:
- After coming out or being outed: You had a strong, stable work record until your sexual orientation or same-sex relationship became known, and your employer’s reason for firing you does not match your history or how your straight coworkers are treated.
- After sudden performance complaints: Your reviews were positive or steady until management learned about, or made assumptions regarding, your sexual orientation. Only then did unexpected criticism, warnings, or a performance plan appear to justify your dismissal.
- After reporting homophobic treatment: You reported slurs, jokes, rumors, or intrusive comments tied to your sexual orientation, but instead of stopping the behavior, management began disciplining you and eventually let you go.
- Because of a presumed sexual orientation: Managers acted on rumors or assumptions that you are gay, lesbian, or bisexual and treated you differently or dismissed you, even if their assumption was wrong.
If any of these situations sound familiar, we can review your circumstances and help you understand whether you have a valid claim.
California’s 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.
A few key points are worth knowing:
- You can bring a discrimination claim under FEHA if your employer has at least five employees.
- Your employer needs only one worker for you to file harassment charges based on sexual orientation under state law.
- Successful cases may recover damages such as back pay, front pay, reinstatement, legal fees, emotional distress damages, and punitive damages.
These laws exist to make sure your career opportunities are never limited by who you are or whom you love.
How We Help You Take Action
Standing up to an employer can feel intimidating, especially when you are already dealing with the stress of unfair treatment. We guide you through each stage of the process so you always know what to expect. Here is how we typically approach a sexual orientation discrimination case:
- Free case evaluation: We start with a confidential consultation to hear your story, review the facts, and answer your questions about your rights under California law.
- Documentation and evidence: We help you gather and organize records, including dates, communications, witness accounts, and any written policies your employer may have violated.
- Legal strategy: We assess the strength of your claim and explain your options, whether that involves filing a complaint under FEHA, negotiating a resolution, or pursuing litigation.
- Advocacy and resolution: We advocate on your behalf at every turn, working toward the strongest possible outcome, be it a settlement, an award, or meaningful workplace change.
Throughout the process, you can count on clear communication and honest guidance. We want you to feel informed and supported at every step.
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
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 sexual orientation discrimination lawyer about what damages might be available in your claim and how much they might be worth.
Why Choose Our Law Firm?
Choosing the right attorney can make a significant difference in the outcome of your sexual orientation discrimination case. The Law Offices of Jeannette A. Vaccaro PC brings several key qualities to every case we take on:
- We represent employees only. Our focus is entirely on protecting workers, so we understand the tactics employers and their attorneys use.
- We bring recognized experience. With Super Lawyers recognition since 2021 and more than $20 million recovered for employees, our track record speaks to our commitment.
- We treat every client as a person, not a file. We take the time to understand your circumstances and the toll this experience has taken on your life.
- We are deeply involved in employment law. Jeannette serves on the Executive Committee of the Plaintiffs’ Employment Lawyers Association and stays active in leading legal organizations across California.
When you work with us, you gain an advocate who genuinely cares about the outcome and who will stand beside you against even the largest employers.
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 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
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.
Jeannette A. Vaccaro is a Passionate and zealous advocate, representing employees in all facets of employment law.
Over
$20 MILLION
Recovered on Behalf of Employees
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.
$2,000,000
Settlement after arbitration in a disability discrimination case involving a tech worker.
$1,822,000
Settlement after successful jury verdict in disability discrimination case.
$1,021,000
Arbitration award in race harassment and discrimination suit.
$924,000
Arbitration award obtained on behalf of employee terminated on account of his national origin.
$800,000
Settlement on behalf of a janitor in a medical leave retaliation case.
$475,000
Settlement for employee that was retaliated against on account of reporting discrimination.
$425,000
Settlement for employee discriminated against on account of her gender.
$425,000
Pre-litigation settlement for victim of race & national origin discrimination.
$400,000
Settlement negotiated in a gender discrimination case.
What Our Clients Say
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