It is illegal for an employer to discriminate against an employee based on their sexual orientation. If you have been fired, denied employment, or faced discrimination in the workplace because of your sexual orientation, it is important to understand your rights. Contact our law firm to speak with an employment attorney and learn more about the legal protections available to you.

Sexual orientation and gender identity are not choices—they are intrinsic aspects of a person’s identity. Individuals who identify as lesbian, gay, bisexual, transgender, or queer (LGBTQ) did not decide their orientation, just as someone does not choose their eye color or height. Despite this, some individuals hold outdated prejudices and discriminate against LGBTQ individuals simply because of who they love or how they express themselves.

Unfortunately, some of these individuals hold positions of power—whether as managers, supervisors, or executives—and use their authority to make employment decisions based on personal bias rather than qualifications. Instead of hiring, promoting, or treating employees fairly, they discriminate against LGBTQ employees and job applicants. If you have experienced this, you may have legal grounds to take action.

Until recently, many employers could legally fire an employee solely based on their sexual orientation. There was little federal protection, and LGBTQ employees often had no recourse against workplace discrimination.

However, the Seventh Circuit Court of Appeals ruled that workplace discrimination based on sexual orientation violates Title VII of the Civil Rights Act of 1964. This act prohibits employers from discriminating against employees based on sex, race, color, religion, and national origin. Courts have determined that discrimination against LGBTQ individuals falls under sex discrimination.

Despite this progress, private-sector employees may still face legal challenges in certain states, as federal laws do not universally protect LGBTQ employees in the private sector. State laws often provide additional protections, and in California, discrimination based on sexual orientation is explicitly prohibited.

If you have been fired due to your sexual orientation, it is crucial to know your rights. Our attorneys handle cases involving wrongful termination and workplace discrimination. We assist clients with questions such as:

• Can I be fired for being gay?
• Can my employer terminate me for being part of the LGBTQ community?
• My boss fired me for being homosexual—can I sue for wrongful termination?
• How can I take legal action against my employer for firing me due to my sexual orientation?
• What are my rights if I was fired for being transgender?
• Can I be terminated for wearing clothing that aligns with my gender identity?

Sexual orientation discrimination occurs when an employee is treated unfairly based on their real or perceived sexual orientation. This type of discrimination can take many forms, including:

• Being denied employment, promotions, or job benefits
• Receiving unfair disciplinary actions
• Facing harassment, offensive remarks, or unwanted comments
• Being subjected to unwarranted scrutiny or criticism

Harassment in the workplace is also a form of discrimination. This includes verbal abuse, inappropriate jokes, derogatory slurs, or physical harassment aimed at LGBTQ employees. Employers have a legal obligation to prevent and address workplace discrimination.

Although there is no federal law explicitly protecting private-sector LGBTQ employees, many states—including California—offer strong legal protections.

The California Department of Fair Employment and Housing (DFEH) prohibits employment discrimination based on:

• Sexual Orientation: Employers cannot discriminate against an employee for being attracted to individuals of the same sex.
• Gender Identity: Employees have the right to identify as a gender that may differ from their sex assigned at birth.
• Gender Expression: Employees are allowed to dress and present themselves in a manner consistent with their gender identity.

Employers cannot legally deny job opportunities, promotions, or benefits based on an employee’s LGBTQ status.

According to Title VII of the Civil Rights Act of 1964, discrimination based on sexual orientation is illegal. However, this law primarily applies to federal employees. For private-sector employees, protections vary depending on state laws.

In states like California, LGBTQ workers are protected under state laws that explicitly prohibit employment discrimination based on sexual orientation or gender identity. If you believe you have been wrongfully terminated, speaking with an attorney can help determine the best course of action.

Additionally, employers cannot discriminate based on perceived sexual orientation. If an employer assumes someone is LGBTQ and fires them based on that assumption, it is still considered unlawful discrimination.

Employees in states with LGBTQ protections, such as California, are not required to disclose their sexual orientation. Additionally, employers cannot ask LGBTQ employees to remain silent about their personal lives if heterosexual employees are allowed to openly discuss their relationships.

For example, if heterosexual employees can talk about their spouses or display family photos on their desks, LGBTQ employees have the same right. Employers cannot enforce discriminatory policies that single out LGBTQ employees.

Despite existing legal protections, LGBTQ employees may still experience discrimination. If you have been treated unfairly due to your sexual orientation or gender identity, you may have the right to file a lawsuit against your employer.

Before taking legal action, you must first file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH investigates claims and determines whether discrimination occurred. If your claim is validated, you may be issued a “right-to-sue” letter, allowing you to take legal action against your employer.

It is crucial to act quickly, as there are deadlines for filing discrimination claims. Generally, you must file your claim within one year of the discriminatory act. Once a right-to-sue letter is issued, you typically have 90 days to file a lawsuit.

If you need assistance with your case, our team at the California Labor Law Employment Attorneys Group is here to help.

We offer two key benefits for our clients:

• Free Consultation: You can speak with one of our attorneys about your case with no financial obligation.
• Zero-Fee Guarantee: You will not pay any legal fees unless we win your case. Our attorneys only get paid if we successfully recover compensation for you.

Our offices are based in Los Angeles, but we represent clients throughout California. If you have been a victim of workplace discrimination, contact us today to discuss your legal options.

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