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.

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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

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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 more

Illinois

The IHRA explicitly prohibits discrimination based on sexual orientation and gender identity.

Learn more

Not 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.

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*Prior results do not guarantee a similar outcome.

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 at Wanta Thome

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 at Wanta Thome

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 at Wanta Thome

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 at Wanta Thome

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.

See all discrimination FAQs

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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 a sexual orientation discrimination 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 a sexual orientation discrimination 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 still 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.