Los Angeles Sexual Orientation and Gender Identity Discrimination Lawyer
Reviewed by Eliot J. Rushovich, Managing Partner, Rise Law Firm, PC. Last updated October 2026.
California and federal law prohibit employers from firing, demoting, refusing to hire or promote, paying less, or otherwise discriminating against employees in the terms and conditions of employment because of their sexual orientation, gender identity or gender expression. The law also prohibits harassment and retaliation against employees who complain about it. This kind of discrimination is rarely stated openly. It more often appears after an employee comes out, begins a gender transition, or brings a same-sex partner to a company event, in the form of sudden criticism, exclusion, or a termination explained by “performance” or “fit.”
Rise Law Firm represents lesbian, gay, bisexual, transgender, nonbinary and queer employees in discrimination, harassment and wrongful termination cases throughout Los Angeles and California, from executives to hourly workers. We represent employees only.
Who is protected, and which laws apply
Two laws usually matter in these cases:
- The California Fair Employment and Housing Act (FEHA) expressly prohibits discrimination based on sexual orientation, gender, gender identity and gender expression (among other protected characteristics) (Gov. Code § 12940(a)). It applies to employers with five or more employees, and its harassment protections apply to employers of any size (Gov. Code § 12940(j)(4)(A)). FEHA also protects employees who are perceived to have a particular sexual orientation or gender identity, and employees who are associated with someone who does (Gov. Code § 12926(o)).
- Title VII of the Civil Rights Act of 1964 prohibits sex discrimination by employers with 15 or more employees. The United States Supreme Court has held that firing someone for being gay or transgender is discrimination because of sex under Title VII (Bostock v. Clayton County (2020) 590 U.S. 644).
Gender expression means a person’s gender-related appearance and behavior, whether or not it is stereotypically associated with the sex the person was assigned at birth (Gov. Code § 12926(r)(2)). California law allows employees to dress and present in a manner consistent with their gender identity and gender expression, subject to reasonable workplace standards that apply equally to everyone (Gov. Code § 12949). The California Civil Rights Department’s regulations also address restroom and facility access, names and pronouns, and questions about an employee’s sexual orientation or gender identity (Cal. Code Regs., tit. 2, § 11030 et seq.).
The protected characteristic does not have to be the only reason for the decision. Under FEHA, an employee can prevail by showing that it was a substantial motivating reason, even if the employer also had other reasons (Harris v. City of Santa Monica (2013) 56 Cal.4th 203).
Common situations
These are the situations we see most often:
- Termination after coming out or transitioning. An employee with a good record tells a manager about a same-sex spouse, or announces a gender transition, and is soon criticized, excluded from meetings, and fired for reasons that did not concern anyone before.
- Being passed over or pushed out. A qualified employee is told they are not a “good fit” with clients or the team, is moved out of a customer-facing role, or is passed over for promotion in favor of less experienced colleagues.
- Harassment. Slurs, “jokes,” questions about an employee’s sex life or body, outing an employee without consent, or deadnaming (using a transgender employee’s former name) and misgendering, done repeatedly and deliberately after the employee has asked to be addressed differently. A single incident can be enough if it is severe (Gov. Code § 12923(b)). An employer is strictly liable for harassment by a supervisor, and liable for harassment by coworkers or customers if it knew or should have known and did not take immediate corrective action (Gov. Code § 12940(j)(1)).
- Dress codes, restrooms and appearance. An employee is disciplined for clothing, hair or makeup consistent with their gender identity or expression, or is denied access to the restroom or locker room that corresponds to their gender identity.
- Retaliation for complaining. It is unlawful to fire, demote or punish an employee for reporting discrimination or harassment, supporting a coworker’s complaint, or taking part in an investigation (Gov. Code § 12940(h)). Retaliation claims are often easier to prove than the underlying discrimination, because the timing speaks for itself.
- Being forced to resign. When an employer knowingly allows working conditions to become so intolerable that a reasonable person would feel compelled to quit, the resignation can be treated as a termination, known as a constructive discharge (Turner v. Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238).
These are common examples, not a complete list. Employers usually point to performance, attitude or a restructuring. The evidence that matters most is often timing, how coworkers were treated, a sudden change in reviews, comments by decision-makers, and explanations that shift over time.
Deadlines (statutes of limitations) and compensation
The main deadlines are below. They can be shorter or longer depending on the facts, so it is best not to wait.
| Claim | Deadline |
|---|---|
| FEHA discrimination, harassment, retaliation | File a complaint with the California Civil Rights Department within 3 years; then file suit within 1 year of the right-to-sue notice |
| Federal Title VII | File with the EEOC within 300 days (the deadline for California employees) |
| Wrongful termination in violation of public policy | 2 years |
| Public employers | Non-FEHA claims generally require a government claim within 6 months |
Depending on the facts, compensation under FEHA can include lost wages and benefits, future lost earnings, and emotional distress damages. Punitive damages may be available where the employer acted with malice, oppression, or fraud, although public entities are not liable for punitive damages (Gov. Code § 818). FEHA allows a prevailing employee to recover attorney’s fees and costs.
Title VII caps compensatory and punitive damages based on the employer’s size. FEHA has no such caps, which is one reason California employees usually bring these claims under state law.
Frequently asked questions
I was fired a few weeks after coming out at work. Do I have a case?
You may have a case. Close timing between an employee coming out, or beginning a transition, and a sudden change in treatment or a termination is strong evidence. Keep track of the dates of each event, and save any emails, texts and reviews you already have.
Do I have to be out at work to be protected?
No. California law protects employees who are perceived to be lesbian, gay, bisexual or transgender, whether or not the perception is accurate, and employees who are associated with someone who is.
My coworkers keep using my old name and the wrong pronouns. Is that harassment?
It can be. Deadnaming (using a transgender employee’s former name) and misgendering, done repeatedly and deliberately after the employee has asked to be addressed differently, can contribute to a hostile work environment, particularly when a supervisor does it or the employer ignores complaints. Report it in writing if you can, and keep a copy.
Can my employer ask about my sexual orientation or gender identity?
Generally no. The Civil Rights Department’s regulations limit questions about an applicant’s or employee’s sexual orientation or gender identity, except where the information is requested voluntarily for record-keeping purposes.
My employer has fewer than five employees. Am I protected?
You may be. FEHA’s harassment protections apply to employers of any size. FEHA’s discrimination protections apply to employers with five or more employees, and Title VII applies to employers with 15 or more.
If you live or work in Long Beach, see our Long Beach sexual orientation and gender identity discrimination page. For an overview of the cases we handle, see our Los Angeles employment lawyer page.
Harassment based on sex, sexual orientation or gender identity is also addressed on our Los Angeles sexual harassment page.
Talk to a Los Angeles sexual orientation and gender identity discrimination lawyer
Rise Law Firm represents employees throughout California in discrimination, harassment, retaliation and wrongful termination cases, from chief executives to minimum-wage workers. We have secured millions of dollars for our clients, including recoveries against major companies, government entities, and celebrities, and we are particularly well known for handling high-profile cases. We work on a contingency basis, which means there are no fees or costs unless we recover compensation for you.
In one case, we represented a transgender server at a Los Angeles-area restaurant. She alleged that managers and coworkers subjected her to repeated sexual comments about her gender identity and her body and to unwanted touching, that the company ignored her complaints, and that the harassment continued until she felt she had no choice but to resign. The case resolved during discovery. Every case is different, and results depend on the facts of each case.
If you were fired, demoted, passed over or harassed and believe your sexual orientation, gender identity or gender expression played a part, contact us to request a free, confidential consultation, or call (310) 728-6588. You can learn more on our wrongful termination and retaliation pages.
This page provides general information about California and federal law and is not legal advice. Reading it does not create an attorney-client relationship.