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Should I File a Complaint about Sexual Orientation Discrimination?

If your employer or coworkers subject you to sexual orientation discrimination, the first step may be to address the problem internally at your workplace with a supervisor or the human resources department. If you fear retaliation, first speak with a qualified employment attorney who can inform you of your workplace rights and the best course of action to proceed.

It is important to fully document all instances of sexual orientation harassment or discrimination with notes detailing the dates, times and places as well as who was involved. It is important to save emails, written correspondences and data that support your sexual orientation discrimination in the workplace case.

To enforce the protections of FEHA, a person must file an administrative claim with the California Department of Fair Employment and Housing. This agency will then open an investigation into a possible discrimination or harassment case. Employees only have one year from the date of the sexual orientation discrimination to file a claim. After the agency investigates the case and determines violations have occurred, you may choose to bring your case before an administrative hearing for damages or move the case to civil court before a judge or jury.

What Sexual Orientation Discrimination Compensation May I Recover?

There are a number of damages and remedies that a person who has been a victim of sexual orientation discrimination can seek in a claim, including but not limited to:

  • Back pay
  • Reinstatement, hiring and promotion
  • Attorney fees and costs of a lawsuit
  • Policy changes and training
  • Non-economic damages, including emotional distress
  • Punitive damages to punish the employer for unlawful actions

The California Department of Fair Employment and Housing can also impose administrative fines against employers who violate discrimination laws.

Contact Our Sexual Orientation Discrimination Lawyers

Whomever you choose to love should not impact your career opportunities or cause a hostile work environment. Our attorneys have experience representing victims in filing complaints under FEHA for sexual orientation discrimination. We have also successfully represented groups of workers in employment class action lawsuits.

Contact our discrimination lawyers today to schedule an attorney consultation to have all of your questions about California employment laws answered. We can also give employees free legal advice of their workplace rights and information about unlawful workplace retaliation or wrongful termination.