Trusted sexual orientation discrimination lawyers exclusively representing employees and victims in California.
If you’ve been passed over for a promotion, forced to quit your job, or subjected to a hostile work environment in San Francisco because of your sexual orientation, you have rights under California and federal law. At The Bloom Firm, we represent employees and victims exclusively. Our San Francisco, CA sexual orientation discrimination lawyer has fought these cases for decades. We take them on contingency, meaning we only get paid if we win. Contact us for a free consultation.
Sexual Orientation Discrimination Lawyer San Francisco, CA
What does it mean to experience sexual orientation discrimination at work? Sometimes it’s obvious, and other times more subtle. Instances could be a promotion that goes to a less-qualified colleague, the manager who stops including you in meetings after you mentioned your partner, the jokes that don’t stop despite complaints. In some cases the offense is quite overt, such as being terminated, demoted, or denied benefits because of your sexual orientation.
We can help you understand whether what happened to you crossed the legal line and, if it does, what your options are moving forward. California law is among the most protective in the country for LGBTQ+ employees. Federal law also prohibits sexual orientation discrimination in employment. You don’t have to tolerate a workplace where who you are is used against you.
Types of Sexual Orientation Discrimination Cases We Handle in San Francisco
We represent employees across a range of discrimination and related claims. Below are the primary case types we handle in San Francisco, CA.
- Sexual orientation discrimination. Adverse treatment at work, firings, demotions, denied promotions, or reduced hours based on an employee’s actual or perceived sexual orientation. These cases arise in every industry, from corporate offices to construction sites, and more.
- LGBTQ+ discrimination. Discrimination targeting gay, lesbian, bisexual, or queer employees, including deadnaming, misgendering, and harassment that management ignores or enables. California’s FEHA provides broad protections for LGBTQ+ workers.
- Hostile work environment. A pattern of offensive comments, slurs, exclusion, or derogatory conduct that makes it unreasonably difficult to do your job. One incident can be enough under certain circumstances, and persistent conduct almost always qualifies.
- Sexual harassment. Unwanted sexual advances, inappropriate touching, quid pro quo arrangements, and retaliatory treatment for refusing harassment. Sexual harassment cases often intersect with sexual orientation discrimination claims.
- Retaliation. Employers sometimes respond to a discrimination complaint by finding other reasons to discipline or fire the employee. Retaliation claims are handled alongside the underlying discrimination offense.
- Wrongful termination. Being fired because of your sexual orientation, or shortly after filing a complaint, often gives rise to a wrongful termination claim. We investigate the full timeline and look for patterns.
- Pay disparity. Employees who are gay, lesbian, or bisexual are sometimes paid less than their straight counterparts doing the same work. We have handled gender pay disparity cases and wage discrimination claims rooted in identity-based bias.
- Employment law matters. Severance negotiations, hostile workplace claims, and other employment disputes tied to discriminatory conduct fall within our practice.
Why Choose The Bloom Firm for Sexual Orientation Discrimination in San Francisco, CA?
A Track Record of Results
Lisa Bloom founded The Bloom Firm in 2010 and has been practicing law since 1992. She earned her J.D. from Yale Law School and her undergraduate degree from UCLA, and she has been selected as a Super Lawyer every year since 2015. Lisa is a longstanding advocate for LGBTQ+ rights and a nationally recognized trial attorney, regularly appearing on CNN, ABC, CBS, and NBC as a legal analyst. Her career has been dedicated to advocacy for marginalized communities and to fighting the kind of institutional bias that fuels workplace discrimination.
Our employment lawyer in San Francisco, CA represents plaintiffs only, so we do not take on employer-side cases. That focus matters, because we know how employers defend these claims, what evidence moves them to settle, and what it takes to go to trial and win if needed.
We have also resolved cases involving LGBTQ+ discrimination specifically, including deadnaming and mocking of transgender employees, and have fought for clients against large multinational corporations and high-profile defendants alike.
Results That Matter
The Bloom Firm has recovered millions of dollars for employees and victims across California and nationwide. Our case results include an $11,000,000 sexual harassment verdict, an $8,400,000 sexual harassment jury verdict, and a $1,800,000 award under the California Equal Pay Act. Because our fees are contingency-based, there’s no cost to you unless we recover money on your behalf.
Understanding Sexual Orientation Discrimination Cases
Charges, Liability, and What You May Be Entitled to Recover
California’s Fair Employment and Housing Act (FEHA) prohibits discrimination based on sexual orientation by employers with five or more employees. Federal law, specifically Title VII of the Civil Rights Act, also prohibits sexual orientation discrimination in employment. Employees may be entitled to recover:
- Lost wages and benefits from the date of the discriminatory act
- Future lost earnings where the discrimination affected career trajectory
- Emotional distress damages
- Punitive damages in cases of malicious or oppressive conduct
- Attorney’s fees and costs
Under California law, the statute of limitations for filing a complaint with the California Civil Rights Department (CRD) is generally three years from the date of the discriminatory act. Missing that deadline can bar your claim entirely, which is why speaking with a San Francisco sexual orientation discrimination attorney as early as possible matters.
Important Aspects of Your Discrimination Case
Building a discrimination case requires more than showing that an unjust occurrence happened. The legal framework assesses whether your sexual orientation was a substantial motivating factor in the employer’s decision. Here are a few things we examine closely in every case:
- Timing: Adverse actions that closely follow a disclosure, complaint, or protected activity are often significant.
- Comparator evidence: How employees outside their protected class are treated in similar circumstances.
- Documentation: Performance reviews, emails, HR records, and witness accounts all shape what a case is worth and how it proceeds.
- Employer responses: Whether management knew about the conduct and what they did, or did not do, to address the situation.
- Pattern of conduct: A single incident can be actionable, but a documented pattern often strengthens a claim considerably.
Case Timeline
No two cases move at exactly the same pace, but most sexual orientation discrimination claims in California follow a general sequence:
- Initial consultation and case evaluation: We assess the facts, review any documentation, and explain your options.
- EEOC or CRD filing: Before filing a lawsuit in most cases, a charge must be filed with the Equal Employment Opportunity Commission or the California Civil Rights Department. This administrative process can take several months.
- Right to sue: Once a right-to-sue letter is issued, a civil lawsuit can be filed in state or federal court.
- Discovery: Both sides exchange evidence, take depositions, and investigate the claim. This phase is often where cases are won or lost.
- Resolution: Many cases settle before trial, while some go to verdict. We prepare every case as if it’s going in front of a jury.
What to Bring to Your Consultation
Arriving prepared for your consultation helps us understand your situation quickly and give you a more complete picture of your options. However, you don’t need to have everything organized to have a case evaluation. Here is information that is useful to us during your consultation:
- Any written communications that relate to the discrimination, including emails, texts, performance reviews, and termination letters.
- Your employment records, if available, including pay stubs or any documentation of your role and compensation.
- Notes about incidents you’ve experienced, including dates, what was said, and who was present.
- Any complaints you made to HR or management and any responses you received.
California Legal Resources for Sexual Orientation Discrimination
California employees have access to several state and federal resources for discrimination claims. These agencies and legal bodies handle complaints, provide guidance, and publish the laws that govern your rights.
- California Government Code § 12940: Core provision of the Fair Employment and Housing Act (FEHA) making it unlawful for employers (5+ employees) to refuse to hire, discharge, or discriminate in compensation/conditions because of sexual orientation, gender identity, or gender expression.
- California Government Code § 12926: FEHA definitions section defines “sexual orientation” as heterosexuality, homosexuality, and bisexuality, and includes perceived orientation.
- California Labor Code §§ 1101 and 1102: Prohibits employers from controlling or punishing employees’ political activity and protects LGBTQ+ employees who come out or transition (applies to all employers regardless of size).
Contact The Bloom Firm to Schedule a Consultation
We represent employees and victims in San Francisco, CA on a contingency basis, which means there are no fees unless we recover. We understand that these types of cases can be particularly offensive, and are here to hold those accountable for the treatment you experienced. Contact us to schedule your free consultation.