QUESTION
What can I do if my employer fired me for being gay?
Asked on Dec 04th, 2012 on Labor and Employment - Michigan
More details to this question:
I was out with the flu and bronchitis for 4 days. Upon returning, the doctor, my boss called me into his office. He told me I would not get paid for these days even though I had a doctors note. Minutes into the conversation he told me I was gay and he did not want people of my orientation working for him and he told me to get out and leave the premises. He also withheld my last paycheck for no reason at all. What can I do about this?
11 ANSWERS
Employment Law Attorney serving Los Angeles, CA
Partner at
Law Offices of Maryann P. Gallagher
Your employer cannot fire you for being gay, even if you are not gay and he thinks you are, he cannot do that. It is against the law.
You can file a claim with the Department of Fair employment and Housing, on your own, but it is better to get an attorney . You have one year from the last act of harassment to file with the Department of Fair Employment and Housing but you should never wait until close to the one year, you should proceed to find an attorney who can assist you.
Answered on Mar 19th, 2017 at 5:52 AM
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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Being gay is not typically a protected category under Florida and Federal law, but there are some remedies available based upon the county where you were employed. Yes you are owed you last check. You can complain to US Department of Labor or hire an attorney for a demand letter.
Answered on Dec 07th, 2012 at 1:25 PM
Talk to me or another attorney or contact the EEOC immediately and ask to file a charge of discrimination. You cannot be terminated because of your sexual orientation. For the EEOC to have jurisdiction, your employer must have 15 employees. Depending on where you live, a local law may apply to decrease the minimum number of employees to 5 or 6. You also have a claim for breach of contract and under the Fair Labor Standards Act for not getting paid.
Answered on Dec 07th, 2012 at 1:22 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Discrimination on the basis of sexual orientation is illegal. Assuming you can prove discrimination, you would have a claim against your employer. You can file a discrimination claim with the Department of Fair Employment and Housing. The DFEH can investigate, or you can obtain a right-to-sue letter that will let you pursue your claim in court. You should contact an employee-side labor lawyer to discuss your options and how best to pursue your case.
Answered on Dec 07th, 2012 at 1:21 PM
This sound like an unlawful and discriminatory termination, if the employer employs more than 5 people.
Answered on Dec 07th, 2012 at 2:14 AM
Workers Compensation Attorney serving San Bernardino, CA
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Nancy Wallace, Attorney at Law
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The Federal agency taking on such actions is the Equal Employment Opportunity Commission, EEOC. The State agency is the Dept. of Fair Employment and Housing, DFEH. here's that link: http://www.dfeh.ca.gov/Complaints.htm If all you have is your memory of a conversation, with nothing in writing documenting this, these agencies will likely decline to take your claim, giving you a 'right to sue' notice (people think a 'right to sue' letter is some form of victory...it's actually a rejection notice). I would apply for Unemployment Insurance as soon as possible and state that on the application form you were terminated for 'sexual orientation'. If the employer fails to answer or object, there's an implied admission you can use later.
Answered on Dec 07th, 2012 at 2:01 AM
Theodore M. Roe
Sexual orientation is a protected class under Oregon State law. You should get a proper evaluation by an attorney as you have not provided sufficient facts for a proper evaluation here. Questions I would have are, did anyone hear him say that you are gay and that is why he is fired you? Has that ever happened before with other people there? You also have a wage claim under state law for his withholding of your check. However, you do not have a claim for unpaid time that you did not work, unless he does pay other employees under the same circumstances.
Answered on Dec 07th, 2012 at 1:52 AM
Employment Law Attorney serving Flint, MI
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Law Office of Gregory T. Gibbs
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There is no state law in Michigan forbidding an employer from firing, refusing to hire, or refusing to promote someone because the employer thinks the employee is lesbian, gay, bisexual or transgender. However, several Cities in Michigan have passed ordinances forbidding discrimination based on sexual orientation. Those Cities include: Flint, Ann Arbor, Detroit, East Lansing, Ferndale, Grand Rapids, Huntington Woods, Kalamazoo, Lansing, Mount Pleasant, Muskegon, Saugatuck, Traverse City and Ypsilanti. If you live in one of those cities you should contact human rights division in that City and file an administrative complaint of discrimination. You should also consult with an attorney to discuss whether those ordinances give you the right to sue in a court of law. If you don't live in one of those cities but you live in Michigan, you have no recourse. However, there are proposed laws being considered by the Michigan legislature which would ban discrimination based on sexual orientation state wide.
Answered on Dec 07th, 2012 at 12:31 AM
In GA, sexual orientation is not protected, therefore discrimination against the GBLTQ community is completely legal. You will not prevail on a discrimination suit. EEOC will not even give you permission to sue. You may sue them for the pay they owe you. You likely will win an unemployment claim, so go file and see what happens. I am sorry I could not give your better news. Not all discrimination is illegal.
Answered on Dec 07th, 2012 at 12:28 AM
You should immediately contact the Wisconsin Equal Rights Division or an employment attorney to file a sexual orientation discrimination complaint.
Answered on Dec 07th, 2012 at 12:23 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have a wage and hours claim for the withheld paycheck if it is owed you. As for your claim of discrimination due to your sexual orientation, that is a matter that should be looked into but, to this point, I am not aware of federal or Michigan law which would allow a civil rights claim. The laws are different state to state.
Answered on Dec 06th, 2012 at 4:10 PM