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Last Modified on Apr 17, 2026
It’s always a wise move to be prepared when you are dealing with workplace discrimination, including discrimination based on sexual orientation, actual or perceived. It can feel humiliating to be the victim of workplace discrimination, especially if you’ve come to like and respect your coworkers or employer. Taking legal action against your employer is never easy. You should know how to file a sexual orientation discrimination claim in San Diego County.
As you start preparing your case, it’s recommended that you hire a San Diego sexual orientation discrimination attorney to assist you with the filing process. It’s important that your employer faces the state’s sexual orientation discrimination penalties for the actions they’ve taken against you.
The right lawyer can help you navigate California’s sexual orientation discrimination laws and file a claim when you’re discriminated against.
How to File a Sexual Orientation Discrimination Claim in San Diego County
If you wish to proceed with a sexual orientation discrimination claim in San Diego County, your case will be litigated in the San Diego County Superior Court if it’s not settled through negotiations. Sexual orientation discrimination cases are not rare in California. In 2023, hate crimes in the state involving sexual orientation increased by 3.6%. In 2024, 1,480 discrimination cases in the state involved sex.
Understanding how the claims process works is vital to succeeding in your case. Holding your employer accountable for their actions or lack thereof may not only help you, but it could help others who may face similar problems in the future.
You should hire a sexual orientation discrimination lawyer like Frank S. Clowney III to walk you through the complaint process. He can bring over 40 years of experience and knowledge to your case.
Here is the step-by-step process of filing a discrimination claim in San Diego County:
Step 1: Document the Discrimination
The entire process begins when you experience discrimination at work based on your sexual orientation. Be sure to document the incident thoroughly with the date, the time, who was present, and any other relevant information.
This documentation is especially important if the discrimination occurs more than once. You can never have too much evidence in a situation like this. You don’t want your case to be dependent solely on your word.
Step 2: Report the Discrimination
You have to report the incident to your company. Be sure to look through your employee handbook to know what their preferred method of reporting inappropriate behavior is. You will likely report it to either your direct supervisor or your HR department. Be sure to report the incident in writing so a paper trail is created.
Step 3: Contact a Lawyer
Speak with a San Diego employment lawyer. If your employer takes no action against the harasser or tries to spin it as your fault, you need to bring your evidence to an employment lawyer as soon as possible. Make sure you also bring evidence of your employer’s response to the discrimination. Your lawyer can sit down with you and discuss the options available to you, as well as the next steps.
Step 4: File a Complaint With the CRD or EEOC
Next, you may need to file a formal discrimination complaint with California’s Civil Rights Department (CRD). It’s important that you file your complaint within three years of the incident, or else the statute of limitations will run out. The CRD will investigate your case and determine if there is sufficient evidence of a violation.
Sexual orientation discrimination is also illegal under federal law. This means that you may also want to consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) if your company has at least 15 employees. They will launch an investigation similar to the CRD’s.
Step 5: Go to Court
If the CRD or EEOC determines that there was a violation of your rights, they will either pursue legal action or send you a “Right to Sue” notice to take legal action on your own. If you intend to file a legal claim, you can request a Right-to-Sue notice immediately to bypass the investigation process. Your lawyer can help you pursue your case in court.
After you file a complaint against your employer, it’s possible that they will retaliate against you in some way. Retaliation is illegal under California’s labor laws, but that might not stop some employers from doing it anyway. All retaliation will do is strengthen your case and give you more evidence of their misconduct.
FAQs About How to File a Sexual Orientation Discrimination Claim in San Diego County
Can You Take Legal Action for Sexual Orientation Discrimination in California?
Yes, you can take legal action for sexual orientation discrimination in California. Workplace discrimination is illegal in California, and your employer can end up facing civil claims as well as reputational damage. If you believe you have a case, you should speak with an employment lawyer to see about your options.
What Evidence Supports a Discrimination Claim?
Any evidence that shows explicit proof of bias can be extremely helpful in a discrimination case. This includes performance reviews, memos, emails, texts, and more. However, such evidence is not always easy to come by. Circumstantial evidence can be helpful too, especially if it supports a pattern of discrimination, harassment, or disrespect. Gather anything that you think could be relevant. Your lawyer can help you build your case and gather even more evidence.
What Should I Ask for in a Discrimination Settlement in California?
In a civil discrimination case, you should ask for anything you feel reflects how you’ve been treated and what you’ve lost. This includes back pay, front pay, compensation for emotional distress, and even legal fees. You could end up getting punitive damages if the court feels your employer acted with intentional malice. Depending on the situation, you may want to ask for your job back or just for a neutral reference for future employment.
Should I Accept the First Settlement Offer?
No, you should never accept the first settlement offer without consulting your lawyer. The initial offer from your employer may be a lowball offer that’s intended to see what you are willing to accept. Your lawyer can help you negotiate a much better offer. If no agreement can be reached, then your case can be decided in court. You never have to accept an offer you feel is too low.
Hire a Sexual Orientation Discrimination Lawyer in San Diego County
At The Law Office of Frank S. Clowney, III, we can support your discrimination case and protect your rights as an employee. Contact us to speak with someone who can help.
