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Sexual Orientation Discrimination in the Workplace: Know Your Rights in Texas

Discrimination based on sexual orientation remains a painful reality for many LGBTQ+ employees in Texas and across the country. If you’ve experienced harassment, unfair treatment, or retaliation at work because of your sexual orientation, you may have legal rights—and you don’t have to face it alone.

At The Lange Firm, we help workers hold employers accountable when they violate anti-discrimination laws. In this article, we’ll break down what sexual orientation discrimination is, how it’s protected under the law, and what steps you can take if it happens to you.

What Is Sexual Orientation Discrimination?

Sexual orientation discrimination occurs when an employer treats an employee or job applicant unfairly because of their real or perceived sexual orientation. This includes being:

• Lesbian

• Gay

• Bisexual

• Heterosexual

• Queer

• Or perceived to be any of the above

Unlawful discrimination can happen in hiring, firing, promotions, pay, benefits, or the everyday work environment. It also includes harassment, slurs, exclusion, or retaliatory treatment because of your orientation.

Is Sexual Orientation Protected Under the Law in Texas?

Yes—but protection comes from federal law, not Texas state law.

✅ Federal Protections – Title VII of the Civil Rights Act

In June 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation and gender identity.

This means that private employers with 15 or more employees cannot legally discriminate against workers based on their sexual orientation.

🚫 Texas State Law

Unlike some states, Texas does not have a statewide law explicitly prohibiting sexual orientation discrimination in employment. However, local ordinances in cities like Austin, Dallas, and Fort Worth provide additional protections.

That’s why it’s often best to pursue claims under federal law, and to work with a Texas attorney who understands how local, state, and federal laws interact.

Examples of Sexual Orientation Discrimination at Work

Discrimination may be obvious—or subtle. Here are examples of behavior that could be illegal:

• Being passed over for a promotion after your employer learns you’re gay

• Derogatory comments or jokes about LGBTQ+ people

• Getting fired after bringing your same-sex partner to a work event

• Coworkers creating a hostile or toxic work environment

• Denial of benefits available to straight couples (e.g., spousal health insurance)

• Retaliation after reporting discrimination or harassment

If any of these apply to you, document the incidents and contact an employment lawyer as soon as possible.

What If You’re Harassed Because of Your Sexual Orientation?

Sexual orientation discrimination often overlaps with harassment, which is also illegal when it creates a hostile work environment. This can include:

• Repeated offensive comments, jokes, or gestures

• Displaying anti-LGBTQ+ symbols or messages in the workplace

• Physical intimidation or exclusion from meetings and events

• Being subjected to slurs, name-calling, or threats

Employers are legally required to stop harassment once they know about it. If they ignore your complaints or retaliate against you for speaking up, they may be liable under Title VII.

What About Retaliation?

Federal law protects employees from retaliation when they:

• Report discrimination or harassment

• Cooperate with an investigation

• File an internal complaint or an EEOC charge

If you were demoted, fired, or otherwise punished after reporting discrimination based on sexual orientation, that retaliation itself may be grounds for a lawsuit—even if the underlying complaint wasn’t proven.

How to File a Complaint for Sexual Orientation Discrimination

Step 1: Document Everything

Keep copies of emails, texts, witness statements, and records of any HR reports or disciplinary actions. If possible, create a timeline of events.

Step 2: Report the Problem Internally

Most employers require you to report harassment or discrimination through internal channels first. Follow your company’s policies, usually through HR or a compliance hotline.

Step 3: File a Charge With the EEOC

If internal efforts fail—or if retaliation occurs—you can file a charge with the Equal Employment Opportunity Commission (EEOC).

• Deadline: Generally 300 days from the last act of discrimination

• Location: You can file online, by mail, or in person at a local EEOC office

• After investigation, the EEOC may issue a Notice of Right to Sue, allowing you to file a federal lawsuit

Working with an experienced employment lawyer during this process can improve your chances of success.

What Remedies Can a Sexual Orientation Discrimination Claim Provide?

If your claim is successful, you may be entitled to:

• Back pay (lost wages)

• Front pay (future lost income)

• Reinstatement (rare, but possible)

• Compensatory damages for emotional distress

• Punitive damages if the employer acted maliciously

• Coverage of legal fees and costs

At The Lange Firm, we assess your case carefully and fight for the maximum compensation allowed under the law.

Do You Need a Lawyer for a Sexual Orientation Discrimination Claim?

While you’re not required to hire a lawyer, navigating a claim alone can be risky. A skilled employment lawyer can:

• Help you meet all filing deadlines

• Guide you through the EEOC process

• Represent you during settlement negotiations or litigation

• Shield you from further retaliation

• Maximize your chances of recovering compensation

The Lange Firm works with employees across Texas who have experienced discrimination based on sexual orientation or other protected traits. We do not offer free consultations, but we do provide skilled, compassionate legal representation.

Final Thoughts: You Deserve a Workplace Free of Discrimination

You should never have to hide who you are to keep your job. If you’ve been targeted, mistreated, or retaliated against because of your sexual orientation, you have legal rights—and you deserve protection.

Let The Lange Firm help you hold your employer accountable and move forward with dignity. Our Texas employment lawyers are here to fight for workers who were pushed aside, harassed, or wrongfully terminated simply for being who they are.

For additional information regarding Employment Law visit the Employment Home Page.