Workplace LGBTQ Discrimination and Wrongful Termination Explained [Video Inside]

This is not intended to be legal advice and is based on the most recent laws and executive orders available as of 6/8/2026.

Your boss learned you were LGBTQ. Perhaps it was through discovering your preferred pronouns, meeting your same-sex partner, or noticing something else. Then, you were fired. This could be a sign of wrongful termination, which is an often painful form of workplace LGBTQ discrimination. Federal and state law protect workers like you from discrimination based on sexual orientation and gender identity. So after being fired unjustly, an employment discrimination lawyer can help you file a claim.

Wrongful Termination Is Workplace LGBTQ Discrimination

New York is an at-will state. This means that your boss can fire you for almost any reason or no reason at all. However, federal and state law create a series of protected classes. Your boss does not have the right to terminate your position because of something to do with a protected class.

Federal Protections

Title VII of the Civil Rights Act legally protects individuals from discrimination based on gender or sex. Courts have interpreted this ban to include sexual orientation and gender identity.

State Protections

New York State more explicitly covers LGBTQ identities as protected classes. It explicitly names sexual orientation, gender identity, and gender expression in its anti-discrimination laws. That means employers cannot treat you unfairly because you are (or appear to be) gay, lesbian, bisexual, transgender, or queer.

The Sexual Orientation Non-Discrimination Act (SONDA) added sexual orientation to the New York State Human Rights Law. Meanwhile, the Gender Expression Non-Discrimination Act (GENDA) added gender identity and gender expression. Together, those laws make LGBTQ status a legally protected characteristic in employment.

An employer in New York cannot fire you because of your LGBTQ status or because they perceive you as that status. Some common scenarios involving wrongful termination and LGBTQ status include being fired:

• after telling a supervisor you are LGBTQ
• because a coworker or manager disapproved of your gender identity or sexual orientation
• for transitioning or for planning to transition
• after reporting slurs, bullying, or hostile treatment based on LGBTQ status
• for having a same-sex partner
• for associating with LGBTQ people (such as having a transgender child)

Wrongful termination can also include being forced to resign because the workplace became intolerable due to harassment. If you think your termination was related to your gender identity or sexual orientation, a seasoned employment discrimination attorney like Michelle Cimino can help you identify the next steps and recover damages.

After Wrongful Termination, Call a Discrimination Attorney

After experiencing wrongful termination, an experienced LGBTQ discrimination lawyer can help you file a complaint with the New York State Division of Human Rights (NYSDHR). If it’s possible, they can also file with the Equal Employment Opportunity Commission (EEOC). Michelle Cimino has decades of experience handling discrimination claims. She’ll help you file an effective claim to help you move forward from the experience.

First, Michelle will help you gather evidence that helps show that your supervisor wrongfully terminated you because of your LGBTQ status. She will specifically ask for any records or dates of when your boss or supervisor learned of your gender identity, sexual orientation, or association with LGBTQ people.

She’ll also look for patterns that link your background to the termination. For instance, perhaps you suddenly received negative performance reviews out of the blue, only after your boss discovered that you were gay or trans.

Using this evidence, Michelle will help you file your discrimination claim with NYSDHR under the strict legal deadlines you need to meet. For recent wrongful termination cases in the state, you have up to three years to file. Cases that happened before February 15, 2024, have shorter deadlines. When she learns about your experience, Michelle will clarify deadlines in your situation.

When you file a claim, the state may automatically cross-file it with the EEOC to start a federal process if it applies to your situation. Michelle can make sure this happens in your situation.

Types of Damages Available in a Wrongful Termination Case

What damages are available to you in a wrongful termination claim? Potential damages include:

• lost past wages
• reinstatement if possible
• lost future wages if reinstatement isn’t possible
• emotional damages

Morally and legally, no one should lose their job over their sexual orientation or gender expression. So if you think you’ve experienced wrongful termination for being LGBTQ, Michelle Cimino wants to help you receive damages, so you can move forward from the experience.

After Workplace LGBTQ Discrimination, Speak to Michelle Cimino

Workplace LGBTQ discrimination is illegal. If you’ve experienced wrongful termination for being gay, transgender, or otherwise LGBTQ, you have a way to recover compensation for what you’ve lost. Rochester’s leading employment discrimination attorney, Michelle Cimino, wants to help you file an effective claim.

Michelle Cimino has practiced employment law for almost three decades, helping craft effective discrimination claims so victims can move forward. Reach out to schedule a completely private consultation today.