Maybe a supervisor made comments or jokes about your sexual orientation. Maybe you noticed that coworkers were treated differently after you mentioned a same-sex partner. Maybe everything seemed fine until someone at work learned that you were gay, lesbian, bisexual, or otherwise LGBTQ+.
Then you were fired.
Your employer may give another explanation: performance, attendance, restructuring, misconduct, or a violation of company policy.
Sometimes those explanations are legitimate.
But under California law, covered employers cannot fire or otherwise discriminate against an employee because of sexual orientation. California law also separately protects employees from discrimination based on gender identity and gender expression.
If you believe your sexual orientation played a role in your termination, contact our Los Angeles, CA employment lawyers today.
What Does Sexual Orientation Discrimination Look Like?
Sexual orientation discrimination is not always explicit.
Sometimes there is direct evidence. A supervisor may make derogatory comments, use slurs, or openly express disapproval of an employee’s sexual orientation.
But discrimination can also appear through changes in treatment.
Perhaps a supervisor’s attitude changed after learning about your sexual orientation. Maybe you stopped receiving opportunities you previously received. Perhaps coworkers outside your protected group engaged in similar conduct but were treated differently.
The important question is whether your sexual orientation played a role in how you were treated or in the decision to fire you.
Look at What Changed
Start with the timeline.
Think about how you were treated before your employer learned about your sexual orientation and what happened afterward.
Consider whether:
- Your performance reviews suddenly became negative;
- Your responsibilities, hours, or assignments changed;
- You were excluded from meetings or opportunities;
- A supervisor or coworker began making comments or jokes about your sexual orientation;
- Employees of a different sexual orientation were treated more favorably in similar circumstances; or
- You were disciplined or terminated shortly after your employer learned about your sexual orientation.
Timing alone does not prove discrimination. But a noticeable change in treatment can provide important context.
Ask Why You Were Fired—and Compare the Explanation With the Evidence
Your employer may say your sexual orientation had nothing to do with your termination.
Perhaps you were told that you had performance problems. Maybe you violated a workplace policy. Perhaps the company says your position was eliminated.
Sometimes that is exactly what happened.
But compare the explanation with the evidence.
If you were fired for poor performance, what do your earlier evaluations say? If you supposedly violated a workplace policy, how were other employees treated when they violated the same rule? If your position was eliminated, did someone else take over substantially the same work?
Look for things such as:
- Explanations that change over time;
- Sudden negative reviews after a history of positive performance;
- Different treatment of employees in similar circumstances;
- Comments or messages concerning your sexual orientation; or
- Documents that conflict with the employer’s stated explanation.
No single fact necessarily proves discrimination. But the circumstances taken together may tell a different story.
Preserve Your Records
If you believe your sexual orientation contributed to your termination, preserve records you are legally entitled to keep.
These may include:
- Your termination letter or separation paperwork;
- Performance evaluations;
- Disciplinary notices or write-ups;
- Emails, texts, or workplace messages;
- Relevant workplace policies;
- Complaints you made to Human Resources or management; and
- Communications relating to your sexual orientation or termination.
Write down important conversations while they are still fresh. Include dates when possible, who was present, and what was said.
It may also be helpful to identify coworkers who witnessed relevant comments or treatment.
California employees also have certain rights to request copies of personnel records relating to their performance or grievances concerning them. The requirements and deadlines governing those requests can depend on the circumstances.
Be Careful Before Signing a Severance Agreement or Release
Your employer may offer you severance when you are terminated.
A severance agreement can include a release of legal claims against the employer. Signing one may therefore affect your ability to pursue a discrimination or wrongful termination claim.
That does not mean you should automatically reject a severance offer.
But if you believe you were fired because of your sexual orientation, consider having an employment attorney review the agreement before you sign it.
And pay attention to any deadline your employer gives you to respond.
Consider Whether You Complained Before You Were Fired
If you reported discrimination or harassment based on sexual orientation before your termination, retaliation may be a separate issue.
Consider what happened after you complained.
Did your supervisor’s attitude change? Did you suddenly receive discipline? Were your responsibilities reduced? How much time passed between your complaint and your termination?
Being fired after making a complaint does not automatically prove retaliation. But the sequence of events can matter.
How Do You Bring a Discrimination Claim in California?
Employees pursuing claims under California’s Fair Employment and Housing Act generally begin with the California Civil Rights Department (CRD).
Depending on the circumstances, an employee may file a complaint with the CRD or obtain a right-to-sue notice before pursuing a lawsuit. Federal protections under Title VII may also apply, and federal discrimination claims involve the Equal Employment Opportunity Commission (EEOC).
These processes have filing deadlines.
If you believe you were discriminated against, do not assume that you have unlimited time simply because the termination happened recently—or that you are out of time without first checking which deadline applies to your situation.
What Compensation May Be Available?
The remedies available depend on the facts and the claims involved.
Depending on the circumstances, an employee who proves unlawful discrimination may be able to recover compensation that includes:
- Lost wages and benefits;
- Future lost earnings in appropriate cases;
- Emotional distress damages;
- Attorney’s fees and costs; and
- Punitive damages in certain cases.
The availability and amount of any recovery depend on the individual case.
What Should You Do Next?
If you believe you were fired because of your sexual orientation, preserve your records and write down the sequence of events leading to your termination.
Pay particular attention to what changed, what was said, how other employees were treated, and whether the explanation for your termination is consistent with the evidence.
You do not need to determine on your own whether you can prove discrimination before seeking legal advice.
An experienced California employment attorney can review the circumstances of your termination and help you understand whether your rights may have been violated and what options are available.