Sexual orientation discrimination and harassment

You're out and proud. You waive that rainbow flag as badge of honor. You'd hope that your employer wouldn't care about whom you love. Unfortunately, some bosses do care—and not in a good way.

Do you feel that your boss doesn’t like you because you are lesbian, gay, bisexual, or transgender? Do people tell jokes about you in the workplace that make you uncomfortable? Has your employer bullied you because of your sexual orientation? Do you feel you were fired because you are LGBT? We can help!

What are your workplace rights?

Sexual orientation discrimination occurs when you have been harassed, bullied, or received differential treatment based on your employer’s perception or your status as a person who is a part of the LGBT community. Maybe you were overlooked for that big promotion, while your straight coworker who just started with the company was granted it. Maybe you were given meritless write-ups or performance improvement plans. Maybe your boss called you ugly names or continually referred to your sex life. Maybe you were even wrongfully terminated because of your sexual orientation.

  Maybe you were overlooked for that big promotion, while your straight coworker who just started with the company was granted it.  

Your employer can’t unjustly pick and choose employees based on sexual orientation. No matter what reason your boss provides, sexual orientation discrimination is wrong. If you are treated unjustly in your workplace because of your sexual orientation, you have rights!

Are you being harassed?

It can be especially hard to feel yourself being ostracized or outcast because of who you are. Being harassed can be very painful.

If your boss or co-workers have made remarks or someone has left something hateful for you to find, call us. We can educate you about your many options.

Is your boss retaliating against you because you complained about discrimination or harassment?

Perhaps you already suspect that you are being bullied because of your sexual orientation. Maybe you told your employer or someone else that you believe your boss is treating you wrongfully because you are gay. You were very courageous to speak up! You have the right to feel safe and to have job security even after complaining.

  If you’ve been treated differently because of your sexual orientation, that’s wrong. You deserve to be treated with respect.  

Retaliation based upon your complaints of sexual orientation discrimination or harassment is illegal. Your boss may say that you weren’t being discriminated against because you are gay. But even if your employer can prove that, it’s never right to discriminate against you because you spoke up. If you feel you’ve been retaliated against because of your complaints, let us help you.

How can I prove my boss harassed or discriminated against me because of my sexual orientation?

The appellate court confirmed in the case of Hope v. California Youth Authority that sexual orientation discrimination and harassment occur when your boss illegally demotes, harasses, or fires you based upon your sexual orientation.

  When your employer judges you because you are LGBT, you can feel hopeless.  

To prove your case, you only need the judge or jury to believe that you were LGBT and that a substantial motivation for your firing, demotion, or harassment was due to your sexual orientation. If you have witnesses and documents, of course it’s much easier to prove your case. However, if you don’t have these things, don’t feel discouraged. We have handled many cases where someone has been discriminated and harassed because of their sexual orientation, but no one was around to see it and it wasn’t in writing. In fact, it’s pretty common for bad employers to wait until a time when you’re alone before they harass you.

If you’ve been treated differently because of your sexual orientation, that’s wrong. You deserve to be treated with respect.

We can help you fight for justice.

When your employer judges you because you are LGBT, you can feel hopeless. Employers should not get away with it! By standing up for your rights, you are standing up for yourself. You are also standing up for everyone who has ever suffered the injustice of discrimination and harassment.

Please make an appointment for a free consultation in our Newport Beach office. You can contact us by email or phone. We want to help.