Employment Lawyers Group Services

Harassment Based on Sexual Orientation

Sexual orientation does not determine whether workplace sexual harassment is illegal. The touching of an employee’s buttocks, genitals, or breasts is both sexual battery and sexual harassment regardless of the sexual orientation of the person being sexually harassed, or the person engaging in the sexual harassment. Our attorneys have succeeded in workplace sexual harassment perpetrated by gay people against gay people, straight people against gay people, straight people against gay people, and curious bisexuals obsessed with sexually harassing a gay person. Physical sexual harassment includes the unwanted touching of body parts. Blocking motions may also constitute sexual harassment. Harassers that cause the victim to believe they will be touched engage in assault which is a form of sexual harassment.

Verbal sexual harassment involves invitations, or requests for sex. Persistent compliments about one’s clothing, or how they look in the clothing may constitute sexual harassment. Questions about one’s sexual preferences and what type of sexual experiences they enjoy is sexual harassment. The sending of naked pictures, or requests for inappropriate pictures is sexual harassment.

Verbal sexual harassment occurs by conversation. Text messages which are sexually oriented can also be sexual harassment. Besides text messages, written sexual harassment involves letters and emails. Unwanted love notes and streams of un-responded to text messages have won the day in several of our sexual lawsuits.

Repeatedly asking somebody on a date is sexual harassment if the person has indicated they are not interested.

When sexual requests are tied to work treatment, raises, promotions, or the ability to remain employed that is called quid pro quo sexual harassment. Generally quid pro quo sexual harassment is done by a person in charge such as a supervisor or manager. Our sexual harassment lawyers have held many companies liable for sexual harassment of leads if they have the ability to direct or assign work.

Fired For Being LGBTQ+

It is unlawful to terminate an employee because of their sexual orientation. It is also illegal to fire an employee because they have opposed sexual harassment in the workplace. If you suspect you were fired because of your sexual orientation, or because you are transgender the next step is to contact a wrongful termination lawyer to determine if your case can be proven. Sometimes it is easy to prove an employee was fired due to their sexual orientation because the employer is direct and indicates sexual orientation is why the job termination occurred. Some situations are subtle but obvious. For example, more than 20 years ago firm founder Karl Gerber represented a transgender woman who was fired almost immediately after the business owners saw her go into the women’s bathroom and objected.

Call 310-842-8600 to run your situation by our employee law firm in order to see if we think we can prove you were fired due to your sexual orientation.

Proving that any employment termination is connected to a protected right, or is done due to whistleblowing is no easy task. It is essential any employee contemplating suing because they were fired for a reason that may be illegal consult with an experienced wrongful termination lawyer. When an employee asserts they were fired for being gay it is also important the hired employment lawyer have particular experience proving job terminations are connected to sexual orientation. While many fact patterns may include suspicions whether a lawyer can prove your case is a matter left to an experienced sexual orientation lawyer.

Discrimination Against Transgender Individuals

It is illegal to discriminate, terminate, or harass an employee because they are transgender. The same laws apply in the same fashion to illegal treatment due to being transgender, cross dressing, or sexual identity as apply to gay sexual harassment, or job terminations due to being gay. Transgender employees can sue for sexual harassment for conduct done by persons of any sexual orientation. They can also sue for wrongful termination if they are fired, or forced to quit due to their transgender status, or gender identification. Recently we have seen several cases in which transgender women are sexually harassed by straight men. These sexual harassment cases should be prosecuted. We have reviewed numerous cases in which transgender people are fired due to their transgender status. Some of these situations occur when an employer realizes the employee is undergoing a reassignment, or the person already has. Difficulties in proving transgender discrimination or wrongful termination exists when the manager who made the termination decision knew of the employee’s transgender status for years and was comfortable. Unless a new manager enters the mix who is not comfortable it is difficult, or often illogical to prove somebody all of the sudden does not want an employee in the workplace due to a protected characteristic they have been accepting of for years. We look forwarding to hearing about any improper workplace treatment due to sexual orientation, or sexual status. Please be open in describing your situation. Our employee lawyers have represented persons with alternative lifestyles for many years and hope to be of service.

Examples of cases in which we have proven the termination was due to sexual orientation include:

A high level manager came from out of state to meet with the employee. The manager presumably knew the employee was gay for years, but decided to fire him when he mentioned there had been mornings as of late he did not feel well due to medication he took for HIV. The manager was unaware of the employee’s HIV status until that encounter
A straight head of a non-profit fired a lesbian after he realized she would not have sex with him
A transsexual manager used the women’s bathroom, the owners discussed it, and lady was fired
A gay man complained about gay bashing by coworkers and was eventually fired when he got mad at human resources for refusing to provide him with a work environment free of sexual orientation harassment

Case Samples

$18,402,868 Jury verdict for male visually harassed and subject to crude comments by a female manager

$1,150,000 Unpaid commissions of two plaintiffs

$875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call

$800,000 Controlled stand by class action settlement

$800,000 For mis-classified independent contractors

$775,000 For small class action of employees not allowed meal breaks or cell phone reimbursements while caring for dependent adults

$750,000 Disability discrimination settlement for employee who had heart problems

$750,000 Sub-Minimum wage class action settlement

$675,000 Sexual harassment in a warehouse

$672,500 For sexual harassment at a truck stop

$539,584 Myles v. Wellpoint Termination of Employment Due to Disability and Workers Compensation Injury

$510,000 Class action settlement of 125 workers on overtime claims

$490,000 For sex and age discrimination of women

$465,000 Sexual harassment at a gas station

$450,000 Settlement for 2 on-call workers

$450,000 Paystub violations

$450,000 Being on controlled standby

$430,000 Settlement in 2024 dollars for a Los Angeles warehouse worker forced to violate her medical restrictions imposed by pregnancy

$400,000 Recovery following arbitration win for 4 employees who worked off the clock

$400,000 Following arbitration win for meal & rest breaks for 3 employees

$400,000 Off-the-clock work for 5 employees

$365,000 Vasquez v. Del Rio Sanitarium Pregnancy Discrimination Case - Following Jury Trial & Appeal

$365,000 Sexual harassment of a delivery driver

$365,000 After defendant lost their appeal - pregnancy case - Jury Trial

$360,000 For missed meal and rest breaks, and overtime for 3 employees, and PAGA penalties for less than 25

$350,000 To 2 employees in vacation rental business working off-the-clock overtime

$350,000 Due to fixed bonus pay not figured into overtime for a directional driller

$350,000 For controlled standby and overtime for one employee

$350,000 Nurse mis-classified as independent contractor who was on-call

$350,000 For directional driller whose fixed rate bonuses were not calculated into his overtime rate

$350,000 For 2 employees in the vacation rental business who worked off-the-clock, on-call & PAGA

$350,000 For prevailing wage and paystub itemizations

$315,000 Sexual harassment of a lesbian woman by straight man

$315,000 Sexual harassment of a pizza delivery driver

$307,345 For 2 hospital employees oncall

$305,000 Wrongful termination of 2 sales people

$305,000 For 2 IT trouble shooters oncall at a major hospital

$302,000 Controlled standby pay for two telecommunication workers in a hospital

$300,000 Verdict of punitive damages in wrongful termination case due to employee's refusal to work without rest breaks

$300,000 Post trial verdict for wrongful termination settlement and minor rest break violations

$300,000 Multiple Worker Claims for Unpaid Wages for Oil Gauge and Calibration Inspectors on Docked Coastal Vessels

$275,000 Unpaid minimum wage, overtime double and double time due to on call work for two technicians at a radio/television station

$270,000 Sexual harassment & employment termination

$260,000 For controlled stand by pay

$260,000 For sexual harassment in a supermarket

$250,000 For 2 oil field service technicians not paid overtime

$250,000 For radiology technician on-call and small PAGA group

$250,000 For whistle-blower about unpaid overtime

$246,000 Breach of fiduciary duty arbitration award involving disability discrimination

$232,000 Male on male sexual harassment won at a binding arbitration

$225,000 Sexual Harassment of a Waitress (No Termination Involved)

$225,000 For two kitchen workers sexually harassed

$225,000 Sexual harassment by store customers

$206,151 Larson v, VXI Same Sex Sexual Harassment

$205,000 Unpaid wages, overtime, labor code section 2699 penalties- arbitration award for multiple plaintiffs

$205,000 For multiple plaintiffs

$200,000 For on-call work, retaliation, forced to quit security officer

$200,000 For prevailing wage and FMLA violations

$200,000 For PAGA violations and sexual harassment

$200,000 Race Discrimination towards Latinos

$200,000 Acts of sexual harassment by CEO

$195,000 For Whistle Blower

$193,500 Sexual Harassment by a registered sex offender

$193,250 Sexual harassment by a sex offender

$190,000 Sexual Harassment in the medical coding industry

$190,000 Sexual harassment without a job termination

$185,857 Jewish lawyer discriminated against due to religion

$185,000 For sexual harassment of a woman 35 years older than the harasser

$182,500 Fired during cancer treatment

$180,000 Cancer discrimination and termination due to recovery from cancer

$180,000 Controlled standby pay claims of oil field service employee

$180,000 Controlled standby pay

$175,000 Sexual harassment lawsuit

$175,000 PAGA settlement due to missed meal and rest breaks in a hotel’s kitchens

$175,000 Failure to pay minimum wage & overtime of 3 strip club workers

$175,000 Unpaid overtime of 2 limo drivers of a small company

$175,000 Minor issues of pregnancy discrimination in fast food restaurant, lack of rest breaks

$175,000 Wrongful Termination of Financial Whistleblower

$175,000 PAGA settlement resort staff who worked off-the-clock

$174,250 Missed meal and rest breaks

$170,000 Off the clock work by nonexempt administrator at non-profit

$166,250 Racial harassment at a big box store

$165,000 Wrongful termination and whistleblower

$162,500 Failure to pay commissions, retaliation when went to Labor Board

$162,000 Sexual harassment at a home owner’s Association

$160,000 For 3 oil field employees denied meal breaks, worked off-the-clock

$160,000 Sexual harassment by managers of car lot

$160,000 Auto dealership sexual harassment by text message

$155,000 Whistle blower at construction site

$153,000 Camarillo woman demeaned due to her Christianity

$150,000 Sexual harassment to two kitchen workers at a resort

$150,000 Race harassment at an oil refinery

$150,000 Wrongful termination of social worker reporting patient abuse

$150,000 Mental disability & termination of CFO

$150,000 Cancer discrimination & wrongful termination of waitress

$150,000 Disability discrimination & termination

$150,000 Wrongful termination of C.N.A. in assisted living facility who blew whistle

$150,000 Job Termination of salesperson with cancer

$150,000 Settlement for failure to reinstate after maternity leave

$150,000 Cancer discrimination & termination of waitress Wrongful Termination of Site Manager

$150,000 Sexual harassment of an eight-teen year old restaurant worker

$150,000 Sexual harassment by a manager of an adult daycare program

$150,000 Job not held open during cancer treatment

$150,000 CNA complained about rats

$145,000 Settlement for an office manager whose Northridge employer would not allow her to take leave from work due to pregnancy

$140,000 Off-the-clock work, breach of contract to pay hourly wage to nurse

$140,000 Not Accommodated and Fired for Mental Disability Leave

$137,930 Robinson v. Mantra - Binding Arbitration Award in a Pregnancy Discriminations

$137,500 Failure to reinstate after FMLA

$135,000 Aerospace executive whistle blower

$130,000 Employee fired for refusing to falsify records in lawsuit

$127,500 Illegally required medical examination adversely affecting a disabled employee

$127,500 Wrongfully terminated driver who complained his truck was unsafe

$127,450 Improper inquiry about medical abilities

$125,000 Minor sexual harassment

$125,000 Sexual harassment at a fast food restaurant

$125,000 Sexual harassment of a drug counselor

$125,000 Pregnancy discrimination case & wrongful termination -

$125,000 Wrongful termination

$125,000 Wrongful termination & minor labor code violations

$125,000 Breach of contract, unpaid wages in the web industry

$125,000 For employee who quit after being misclassified and not receiving overtime.

$125,000 Pregnancy discrimination & termination

$125,000 Non-payment of wages to CEO

$125,000 Age discrimination during layoff

$125,000 High tech employer stopped paying the agreed to sum

$120,000 Unpaid wages for tow truck drivers

$120,000 Sexually harassed maintenance supervisor by another male

$120,000 Insurance professional terminated for taking California Family Care Leave (FMLA)

$120,000 Racial Discrimination of a warehouse worker

$120,000 Male on male sexual harassment Unpaid wages, overtime, labor code section 2699 penalties- arbitration award of over

$120,000 For race discrimination

$117,702 Disability discrimination, FMLA, and termination of $10.00 an hour employee in binding arbitration

$117,500 Pregnancy discrimination & termination ($24,000 loss of earnings)

$115,616 Signal Hill Hindu made fun of due to his religion

$115,000 Pregnancy discrimination & termination of customer service employee

$115,000 Sexual harassment of car saleswoman minor unpaid commissions

$115,000 Sexual harassment of car saleswoman & minor unpaid commissions

$112,023 Wrongful termination of social worker during trial

$110,000 (minor lost wages) Cancer discrimination & employment termination

$109,500 Unpaid prevailing wages for 2 employees of a small company

$107,500 Wrongfully terminated security manager who let his subordinates know they had rights to meal breaks

$105,500 Sexual harassment of a lesbian aerospace worker by a man who wanted to turn her straight

$105,000 Overtime due computer professional

$105,000 Fired After Depression Leave

$103,145 Refusal to accommodate pregnant warehouse worker

$102,500 Family Care Leave Act violations & termination ($20,000 loss of earnings)

$102,500 Sexual harassment of a janitor

$102,500 Sexual harassment of a waitress (no termination involved)

$101,500 Sexual harassment of a janitor

$100,850 Sexual harassment by restaurant manager

$100,000 Termination of Mechanic’s Employment in Violation of California Family Rights Act (California FMLA)

$100,000 Wrongful termination of ambulance driver who blew the whistle

$100,000 Fired Due to Age of FMLA Leave

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All Cases Are Taken On A Contingency.
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