If you’ve experienced LGBTQ+ workplace discrimination, or you want to be informed so that you can recognize when discrimination is taking place, there is a lot to uncover when it comes to your LGBTQ+ employment rights. This guide breaks down LGBTQ+ laws, discrimination, and what you can do if you experience sexual orientation discrimination in the workplace.
Supreme Court LGBTQ+ Employment Rights in the United States
It was only recently in US history that the Supreme Court’s LGBTQ+ rights were established and enforced. Let’s look at current federal and state workplace protections to help you know your rights.
LGBTQ+ Discrimination Explained
Discrimination occurs when there is unequal treatment of an individual based on a characteristic that makes that individual stand out. For the LGBTQ+ community, discrimination means unjust treatment based on one’s sexual orientation or gender identity.
The U.S. has come a long way in its attempt to secure equality for LGBTQ+ people, but there are still barriers that prevent some LGBTQ+ people from experiencing the same levels of fairness as others. Some of the biggest areas you might encounter discrimination include:
- Workplace
- Housing
- Pay benefits
- Healthcare
- Public accommodations, including dress codes, bathrooms, and pronouns
Is Transgender a Protected Class at Work?
Yes, on June 15th, 2020, the Supreme Court case Bostock v. Clayton County ruled that it’s unlawful to be fired, prevented from being hired, or otherwise discriminated against based on someone’s sexual orientation or gender identity. This is an expansion of Title VII of the Civil Rights Act of 1964, which addressed discrimination based on one’s color, national origin, race, religious beliefs, and sex.
Recent Guidance and Court Challenges
While the court ruling was a much-needed starting point for protecting those within the LGBTQ+ community, it left a lot of room for interpretation by not addressing more pressing issues, including restrooms, benefits, harassment, and other protections. As a result, the U.S. Equal Employment Opportunity Commission (EEOC) created an enforcement guidance on harassment in the workplace to elaborate on vague areas of Title VII.
However, parts of the EEOC were challenged by the federal court in May 2025, nullifying the guidelines for harassment toward one’s sexual orientation and gender identity. Every state must comply with federal law, but not every state is made equal when it comes to LGBTQ+ employment discrimination. Some are more proactive about ensuring equality and fairness than others.
LGBTQ+ Laws by State for Employment
Each state has its own LGBTQ+ laws, which can make it better or worse depending on where you live. Some of the best states to live in include states on the West Coast and states in the Northeast, while the South and Southeast tend to be some of the worst places to live in terms of LGBTQ+ employment laws. Within every state, there are pockets of places that are more LGBTQ+-friendly, making it important to vet any prospective job opportunities by the location.
LGBTQ+ Workplace Discrimination Laws and Your Options
It’s important to understand your rights to avoid discrimination against LGBTQ+ characteristics. There are different types of LGBTQ+ workplace discrimination laws, including harassment, wrongful termination, and unequal policies. Here is a breakdown of LGBTQ+ guidelines to help you spot signs of unfairness in the workplace.
If you think you’re experiencing discrimination for being part of the LGBTQ+ community and wish to take legal action, then you should document each incident by:
- Taking notes
- Exchanging communication with your company in written format
- Seeing if there are allies or witnesses who would be willing to speak on your behalf
- Potentially recording any interactions where written documentation isn’t possible, if you’re in a one-party consent state
- Reaching out to HR to start a paper trail of internal complaints
Can You Sue for Gender Discrimination
Bostock v. Clayton County only prohibits gender discrimination for businesses with 15 or more employees, so if you experience discrimination based on your sexual orientation or gender identity and have an employer that doesn’t meet the criteria for discrimination, then you may not be able to sue them. But what is a discrimination lawsuit, and how much can you get from one? We cover these two questions in the section below.
How Much for a Discrimination Lawsuit
How much you’ll be compensated depends on the size of the company. Refer to the following table to determine how much you could potentially receive if you win your case.
| Number of Employees | Compensatory and Punitive Damage Limit |
| 15-100 | $50,000 |
| 101-200 | $100,000 |
| 201-500 | $200,000 |
| 500+ | $300,000 |
Remember, however, this is the maximum you can receive for winning your case. You may receive much less in compensation, depending on your circumstances and the severity of the situation.
Discrimination Lawsuit Examples
Seeing examples of discrimination lawsuits that ended in settlements can help you identify your own experiences with potential discrimination and the outcomes that may follow. Keep in mind, every case is unique; the allegations, employer, employee, lawyers, supporting evidence, and other factors can greatly influence the outcome of a given lawsuit. With this in mind, here are a few LGBTQ+ discrimination examples:
Tarrant County College District v. Amanda Sims
A discrimination lawsuit was filed against Tarrant County College for allegedly creating a hostile work environment for an employee after coming out as gay. The college had to pay $45,000 in settlement costs.
Civil Rights Department v. Cathy’s Creations, Inc.
A lesbian couple went to a bakery in Bakersfield, California, to purchase a wedding cake. The bakery refused to sell them a cake because of their sexual orientation. As a result, the California Civil Rights Department (CDR) secured protection for same-sex couples from discrimination by businesses. The CDR ended up appealing a previous court decision where a similar discrimination took place at a different bakery in 2017.
Finding LGBTQ+ Discrimination Lawyers
There are several ways that you can find an LGBTQ+ discrimination lawyer. The LGBTQ+ Bar is an organization that partners with state and local LGBTQ+ bar affiliates to help you connect with lawyers near you. You can also reach out to the National Center for LGBTQ Rights, Lambda Legal’s Help Desk, and Advocates for Trans Equality for legal resources.
LGBTQ+ Employment Statistics
LGBTQ+ employment statistics paint a somber reality for many people within the community. Here are key findings about the current mentalities and experiences of LGBTQ+ people in the workforce.
- 4 out of 5 surveyors in an Out and Equal report said they would reconsider relocating to a state for a new job, depending on the state’s anti-LGBTQ+ laws.
- 34% of LGBTQ+ people say they’ve left a job because of an unaccepting work environment, according to Catalyst.org.
- 36% of LGBTQ+ Americans reported experiencing discrimination in 2023 in the Center for American Progress (CAP) Survey Data on LGBTQI+ Experience. Almost 1 out of 4 adults faced discrimination in their workplace.
- Deloitte’s 2023 LGBT+ Inclusion @ Work report showed that 43% of those surveyed said they’re not comfortable being out at work as part of the LGBTQ+ community, while 47% said they’re not comfortable being out about their gender identity.
- A study conducted by the Human Rights Campaign (HRC) Foundation found that LGBTQ+ workers received about 90% of the median earnings of straight workers.
LGBTQ+ Inclusion in the Workplace
Finding a job that emphasizes LGBTQ+ workplace inclusion starts with knowing what to look for in terms of the policies, training, and benefits a company offers.
Companies that Support LGBTQ+ Inclusion
A company that supports LGBTQ+ employees will have policies in place that protect the employees. A few signs that a company is LGBTQ+-friendly include:
- Inclusive language: Pronoun usage in signatures, on LinkedIn, and in Slack, and unassuming language when talking about significant others or in greetings
- Healthcare benefits: Coverage for gender-related treatments and care
- Parental leave policy: Fair parental and family leave policies for same-sex families adopting or using surrogacy
- Strong anti-discrimination policies: Fineprint clearly denouncing discrimination and vocally stating support for LGBTQ+ diversity in the workplace
- Training: Video and course training to educate employees on LGBTQ+ inclusivity
- Visual cues: Pride flags, rainbows, or ally labels on the company’s website or in the workplace
How Many LGBTQ+ Americans Report Serious Employment Discrimination?
In a CAP survey, the organization found that around 50% of LGBTQ+ respondents experienced workplace discrimination or harassment in just the last year as a result of their sexual orientation, gender identity, or intersex status. Of those respondents, some were fired, denied promotions, had hours cut, or worse, experienced verbal, physical, or sexual harassment at work. LGBTQ+ people of color and disabled people experienced even more discrimination.
Connect with an LGBTQ+ Friendly Real Estate Agent
Knowing when a seller is and is not discriminating against LGBTQ+ buyers isn’t always obvious, especially if you’re not familiar with gay discrimination in the housing market. That’s why it’s important to work with an LGBTQ+-friendly real estate agent for your next home. Here at Gay Real Estate, we connect you with local agents you can trust to represent you as a member of the LGBTQ+ community. We’ve carefully vetted and interviewed every real estate agent we work with to ensure you have the best experience while house hunting.
Use our platform to connect with agents who will help protect you from LGBTQ+ discrimination and find you a home you’ll love.
