San Francisco Sexual Orientation Discrimination Attorneys
Experienced Sexual Orientation Discrimination Lawyers in San Francisco, CA
If you believe you’ve been treated unfairly at work because of your sexual orientation—whether in hiring, pay, promotions, benefits, or termination—you may have a sexual orientation discrimination claim under California or federal law. At Lawless, Lawless & McGrath, we passionately defend LGBTQ+ employees and stand up against bias in every form. Call 415-391-7555 today for a confidential review with a San Francisco sexual orientation discrimination lawyer.
Understanding Sexual Orientation Discrimination in California
Under California’s Fair Employment and Housing Act (FEHA) and federal law (Title VII), it is illegal for employers to discriminate based on sexual orientation, including:
- Refusing to hire or promote qualified candidates
- Paying LGBTQ+ employees less than others in similar roles
- Denying benefits like health insurance or parental leave
- Subjecting employees to harassment, hostile workplace culture, or derogatory comments
- Firing, demoting, or disciplining employees due to their sexual orientation
Protections extend to all aspects of employment—from initial application to post-employment separation—and include retaliation for complaining about or opposing discriminatory practices.
What to Do If You Suspect Discrimination
- Document every incident – Write down dates, individuals involved, what was said or done, and who witnessed it.
- Save patterns of treatment – Keep emails, performance reviews, pay records, or any documentation showing differential treatment.
- Use internal reporting if safe – If your workplace has an HR or complaint procedure, use it—but protect your rights first.
- Consult with an attorney quickly – FEHA and federal law impose strict deadlines and specific filing rules.
Deadlines Matter
- For FEHA-based claims (California Civil Rights Department), you generally have up to 3 years from the date of discrimination to file.
- For federal discrimination claims (U.S. Equal Employment Opportunity Commission), you typically have 180–300 days from the alleged discriminatory act.
Some public-sector or union positions may be subject to shorter deadlines—timely legal action is critical.
What Compensation May Be Available
- Back pay, front pay, and reinstatement
- Compensation for emotional distress
- Punitive damages (where allowed)
- Attorney’s fees and court costs
Why Choose Lawless, Lawless & McGrath
- 80+ years of combined employment law experience representing clients in discrimination cases across California
- Track record of results in high-profile and sensitive LGBTQ+ discrimination matters
- Recognized leaders in the legal community, including honors from Super Lawyers and Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers
- Boutique-level attention with the resources to take on major employers and corporate defense teams
- Contingency fee representation—you pay no attorney’s fees unless we recover compensation for you
Meet Our Attorneys
Our highly respected team brings together deep legal skill and personal commitment to your case:
- Barbara A. Lawless — Honored in Super Lawyers and the Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers, Barbara brings more than 35 years of trial-proven advocacy for employment discrimination plaintiffs.
- Therese M. Lawless — A seasoned trial attorney with membership in the American Board of Trial Advocates and a track record in high-stakes LGBTQ+ discrimination cases.
- Emily S. McGrath — A Board Member of the San Francisco Trial Lawyers Association, Emily delivers precision, compassion, and tenacity in complex discrimination matters.
- Sinclaire M. Parer — Known for her legal diligence and acute investigative capabilities, strengthening every case’s factual backbone.
Together, Our attorneys combine exceptional trial skills with a deep commitment to protecting the rights of LGBTQ+ employees in California.
Frequently Asked Questions
What counts as sexual orientation discrimination?
It includes any adverse treatment—such as hiring, pay, or benefits decisions—based on someone’s orientation. Harassment, denial of promotions, or workplace hostility also qualify under FEHA and Title VII.
Does FEHA protect LGBTQ+ individuals only from explicit acts?
No. FEHA also covers less overt conduct that contributes to a hostile work environment—like persistent jokes, messaging, or microaggressions.
Can an employee be denied same-sex spousal or partner benefits?
No. Denial of benefits based on sexual orientation is prohibited under FEHA.
Do I need to bring this complaint internally first?
No, but internal reporting can support your case. However, each case is unique—consulting with an attorney will help protect your rights and response strategy.
How do I prove discrimination without direct evidence?
Commonly through a pattern of behavior—such as sudden denials of promotions, changes in evaluations, or witness statements. Timing, emails, and comparative data are often key.
Speak with a San Francisco Sexual Orientation Discrimination Lawyer Today
If you’ve experienced unfair treatment or bias at work due to your sexual orientation, Lawless, Lawless & McGrath is here to stand up for you. We combine legal experience with a personal commitment to equality. Call 415-391-7555 or contact us online now for a free, confidential consultation with a San Francisco sexual orientation discrimination lawyer.