Under the California Fair Employment and Housing Act, it is illegal for an employer (or prospective employer) to fire you, fail to promote you, disqualify you, or otherwise discriminate against you because of your perceived or actual sexual orientation.
If you suffered workplace discrimination based on sexual orientation, you can file a lawsuit against your employer for substantial money damages.
Below, our Los Angeles labor and employment law attorneys answer the following frequently-asked-questions about lawsuits for sexual orientation discrimination against California workers:
- 1. Is discrimination based on sexual orientation illegal in California?
- 2. Are there also federal protections?
- 3. How do I sue my employer?
- 4. What damages can I recover?
- 5. Can my boss fire me for reporting sexual orientation discrimination?
Common sexual orientations are gay or lesbian (homosexual), straight (heterosexual), and bisexual.
1. Is discrimination based on sexual orientation illegal in California?
Yes. Under the California Fair Employment and Housing Act (FEHA), it is illegal for an employer to discriminate against you based on your actual or perceived sexual orientation.1
Discrimination occurs when your actual or perceived sexual orientation is a “substantial motivating factor” in an employer taking an “adverse action” against you, such as:
- Refusing to hire you
- Firing or discharging you
- Refusing to select you for a training program
- Discriminating against you in compensation or conditions of employment
- Providing you reduced or inferior benefits
- Failing to promote you when merited
- Demoting you
- Assigning you inferior work duties
Note it is also unlawful for an employer to discriminate against you based on your gender identity or gender expression, including being transgender.2
2. Are there also federal protections?
Yes. Like California law, federal law prohibits sexual orientation-based workplace discrimination.3
However, California law provides broader workplace protections for you based on your perceived sexual orientation.4 Plus, FEHA applies to public and private employers with five or more employees, while federal law applies to employers with 15 or more employees.
Sexual orientation discrimination laws protect you from discrimination based on stereotypes and preconceived ideas about your qualifications and job performance.
3. How do I sue my employer?
Before you can sue your employer for discrimination based on sexual orientation, you generally must file a complaint with the California Civil Rights Department (CRD). At that point, you have the option of going through the CRD investigative and mediation process or instead requesting a “right-to-sue” notice so you file a traditional lawsuit right away.4
We recommend obtaining an immediate right-to-sue notice because you can usually recover more financial damages in court or through an out-of-court settlement than through the CRD. Though you are strongly advised to have an experienced attorney handle your lawsuit, which involves complex negotiation and litigation procedures.
4. What damages can I recover?
In California, typical damages in a sexual orientation discrimination lawsuit include:
- Back pay and front pay plus bonuses and benefits
- Pension benefits
- Higher income from a promotion
- Pain and suffering and emotional distress
- Attorney’s fees and court costs5
- Punitive damages
If you have been fired based on your sexual orientation, the court can require the employer to reinstate you.
5. Can my boss fire me for reporting sexual orientation discrimination?
No. You cannot be retaliated against for exercising your labor rights, including reporting workplace discrimination based on sexual orientation. The FEHA protects you if you are retaliated against for:
- Opposing workplace harassment
- Opposing sexual orientation discrimination against other employees
- Reporting sexual orientation harassment or discrimination
- Assisting with CRD investigations or government inquiries
- Filing a harassment or sexual orientation discrimination claim6
If your employer retaliates against you for reporting sexual orientation discrimination, you can file a claim with the CRD or file a lawsuit against your employer for wrongful termination or other workplace retaliation.
Legal References:
- Fair Employment and Housing Act – Government Code 12940.
- Same. Fair Employment and Housing Act 12926. Fair Employment and Housing Act 12940. Fair Employment and Housing Act 12940; see also Husman v. Toyota Motor Credit Corp. (Cal. App. 2d Dist., 2017), 220 Cal. Rptr. 3d 42, 12 Cal. App. 5th 1168. Fair Employment and Housing Act 12940; see also Dominguez v. Washington Mutual Bank (Cal. App. 2d Dist., 2008), 168 Cal. App. 4th 714, 85 Cal. Rptr. 3d 705. Employment discrimination also extends to the unions and labor organizations, which are also prohibited from excluding, expelling, or restricting membership to you based on sexual orientation. Sexual orientation discrimination prohibitions also apply to apprenticeship training programs and employment agencies.
- Equality Act of 2017, H.R.2282, 115th Cong. (2017-2018); Bostock v Clayton County, U.S. Supreme Court (2020); Supreme Court says federal law protects LGBTQ workers from discrimination, CNN (June 15, 2020).
- Fair Employment and Housing Act 12965.
- Fair Employment and Housing Act 12965.
- Government Code 12940 GC.
- California Code of Regulations (CCR) tit. 2, § 11021.
- California Labor Code 1102.5.