Sexual Orientation Discrimination
Being treated worse at work because of who you are or who you love is discrimination, and it’s illegal. If your employer crossed that line, we’ll help you do something about it.
Get free case review
What is sexual orientation discrimination?
This is when an employer treats a worker worse because of their sexual orientation — in hiring, pay, promotions, or firing. Since the Supreme Court’s 2020 Bostock decision, it’s recognized as a form of sex discrimination under Title VII. Minnesota and Illinois law provide additional, explicit protections for LGBTQ+ workers.
It can be a policy, a pattern, or a workplace that quietly makes clear you don’t belong.
How sexual orientation discrimination shows up at work
-
You’re passed over after coworkers learn you’re gay, lesbian, or bisexual
-
Your relationship becomes the subject of comments or “jokes”
-
You’re excluded from the informal network where real decisions happen
-
Benefits or leave get handled differently for your partner
-
You’re outed at work without your consent
-
The environment shifts the moment people find out who you are
Federal and state protections
What the law says about sexual orientation discrimination
Federal
Following the Supreme Court’s 2020 Bostock v. Clayton County decision, Title VII prohibits discrimination based on sexual orientation as a form of sex discrimination. It applies to employers with 15 or more employees.
Minnesota
The MHRA has explicitly prohibited sexual orientation discrimination since 1993 — earlier and more directly than federal law — and applies to smaller employers.
Learn moreIllinois
The IHRA explicitly prohibits discrimination based on sexual orientation and gender identity.
Learn moreNot sure which law applies to your situation? That’s what we figure out with you.
What a sexual orientation discrimination case can recover, if your case is successful:
- Back pay for wages you lost
- Front pay for future wages
- Reinstatement to your job (if that’s what you want)
- Compensation for emotional distress
- Punitive damages against the employer (in serious cases)
- Attorney’s fees and costs
Every case is different. What you can recover depends on the facts, the law, and the employer’s conduct.
How we handle sexual orientation discrimination cases
Every case starts with a free call. We listen first. If you have a case, we tell you what it looks like — what’s likely to happen, how long it might take, what’s realistic. If you don’t have a case, we tell you that too and try to point you toward someone who can help.
On contingency, you pay nothing unless we win.
Attorneys who handle these cases
Meet the full team
Shawn Wanta
Founding Partner
Recognized among the nation’s Top 100 Civil Plaintiff and Top 10 Wage and Hour attorneys, a determined litigator fighting for workers in class and collective actions.
Admitted in MN · IL
Joni Thome
Founding Partner
Drawing on 25 years of representing professionals and managers, a steady advocate for employees facing discrimination, harassment, and retaliation in the workplace.
Admitted in MN
Suzanne Heywood
Attorney
Driven by her own encounters with corporate unfairness, a tenacious champion focused on protecting the rights, livelihoods, and futures of hardworking professionals.
Admitted in IN · IL · MI
Luke Molvarec
Attorney
Forged by his background as a Marine, an unwavering defender fighting to level the playing field and secure meaningful financial recovery for unfairly treated workers.
Admitted in IL
Common questions about sexual orientation discrimination
-
Is sexual orientation discrimination illegal?
Yes. Since the Supreme Court’s 2020 Bostock decision, discrimination based on sexual orientation is prohibited under Title VII as a form of sex discrimination. Minnesota and Illinois law provide explicit, longstanding protections as well.
-
What if I was outed at work without my consent?
Being outed by an employer or coworker, especially when it leads to worse treatment, can be part of a discrimination or harassment claim. Your sexual orientation is yours to share, and adverse treatment tied to it may be unlawful.
-
Is it discrimination if my partner’s benefits are handled differently?
It can be. Treating same-sex spouses or partners differently in benefits, leave, or other terms of employment may be discrimination based on sexual orientation. Differences in how your relationship is recognized are worth examining.
-
What if the discrimination is subtle — exclusion rather than open hostility?
Subtle exclusion counts. Being cut out of the informal networks where decisions get made, passed over after coworkers learn your orientation, or quietly sidelined can all support a claim, especially as part of a pattern.
-
Does this protection cover gender identity too?
Yes. Bostock covered both sexual orientation and gender identity under Title VII, and Minnesota and Illinois law explicitly protect both. Discrimination against transgender and non-binary workers is prohibited alongside sexual orientation discrimination.
Ready to find out where you stand?
Five fields, no story needed yet — that comes on the follow-up call. Most people hear back within five minutes if Nina is enabled, or the same business day if not.
Your submission is confidential. We do not contact your employer.
Common questions
How much is a sexual orientation discrimination case worth?
It depends on your losses and the employer’s conduct — back pay, future pay, emotional distress, punitive damages in serious cases, and attorney’s fees. We’ll give you an honest read once we know the facts.
How long do I have to file this kind of claim?
Federal deadlines can be as short as 180 or 300 days, with different state timelines. Reach out early, since the clock starts at the discriminatory act.
Do I need to file with the EEOC first?
For most federal claims, yes. State claims may differ, and Minnesota and Illinois have their own agencies. We handle the filing and keep it timely.
Do I need a lawyer for this kind of claim?
You can file alone, but deadlines, evidence, and employer defenses make it complex. A lawyer helps you avoid mistakes, with no upfront cost on contingency.
Can I have a case if I’m still employed?
Yes. Being passed over, excluded, or treated worse because of your sexual orientation while still working can support a claim.