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Workplace Discrimination · California & New York

LGBTQ+ Discrimination Attorney

Dealing with a lgbtq+ discrimination issue? Our California & New York employment attorneys can help you get the compensation you deserve.

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Common LGBTQ+ Discrimination Scenarios

You were fired or demoted after coming out as LGBTQ+ to coworkers or supervisors
Your employer refused to use your correct name or pronouns and ignored complaints
You were denied benefits provided to other employees because of your same-sex relationship
Coworkers engaged in persistent anti-LGBTQ+ harassment and management failed to address it
You were subjected to invasive questioning about your gender identity or sexual orientation during hiring

What You Can Recover in a LGBTQ+ Discrimination Case

If you have experienced lgbtq+ discrimination, California and New York law give workplace discrimination victims real remedies. Depending on the facts of your case, you may be entitled to:

  • Back pay and lost wages caused by the lgbtq+ discrimination
  • Compensatory damages for the emotional distress it caused you
  • Punitive damages where the employer's conduct was egregious
  • Attorney's fees and litigation costs — most employment statutes shift these to the employer when you win

LGBTQ+ Discrimination FAQ

What federal protections exist for LGBTQ+ workers?

The Supreme Court's 2020 Bostock v. Clayton County decision confirmed that Title VII's prohibition on sex discrimination includes sexual orientation and gender identity discrimination. This provides federal protection for all LGBTQ+ workers at employers with 15+ employees. The EEOC actively enforces these protections.

What additional protections do California and New York offer?

California FEHA explicitly prohibits discrimination based on sexual orientation, gender identity, and gender expression, covering employers with 5+ employees. New York's SONDA and the Gender Expression Non-Discrimination Act provide similar explicit protections. The NYC Human Rights Law is especially protective, covering all employers and applying a broad, victim-centered standard.

Must my employer accommodate my gender transition?

Yes. Under FEHA and New York law, employers must allow employees to present consistent with their gender identity. This includes using correct names and pronouns, allowing access to gender-appropriate facilities, and updating personnel records. California's Transgender Work Opportunity Act provides additional support. Employers cannot impose different dress code requirements based on assigned sex.

What should I do if I face anti-LGBTQ+ harassment at work?

Document every incident with dates, witnesses, and details. Report the harassment to HR or management in writing. If your employer fails to act, file a complaint with the DFEH (California), DHR (New York), or EEOC. Contact an employment attorney to discuss your options. Both California and New York laws provide strong remedies including compensatory and punitive damages.

Other Workplace Discrimination Claims We Handle

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