{"id":354819,"date":"2022-06-15T08:45:09","date_gmt":"2022-06-15T13:45:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/lgbtq-law\/when-can-you-sue-a-business-for-discrimination-based-on-sexual-o.html"},"modified":"2026-05-25T18:15:00","modified_gmt":"2026-05-25T23:15:00","slug":"when-can-you-sue-a-business-for-discrimination-based-on-sexual-o","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/lgbtq-law\/when-can-you-sue-a-business-for-discrimination-based-on-sexual-o.html","title":{"rendered":"When Can You Sue a Business for Discrimination Based on Sexual Orientation or Gender Identity?"},"content":{"rendered":"\n
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When Can You Sue a Business for Discrimination Based on Sexual Orientation or Gender Identity?<\/h1>\n\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by Bridget Molitor, JD<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Sexual orientation or gender identity discrimination in a place of business can show up as denial of services, derogatory comments, or refusal of access to facilities aligning with gender identity. Federal law protects the LGBTQ+ community against employment discrimination. But, protections in consumer settings depend on state and laws, with only some states offering explicit safeguards.<\/p>\n\n <\/div>\n\n\n\n

Experiencing discrimination in public or commercial spaces can leave you questioning what\u2019s actually legal. Because state\u2011level protections differ dramatically, some people in the LGBTQ+ community may not realize they have legal options.<\/p>\n

This article discusses legal and non-legal options if you\u2019ve experienced discrimination as a consumer based on your sexual orientation or gender identity. It also explains how state and federal laws impact how you may seek justice, file a complaint, or pursue legal action.<\/p>\n

For more information and resources, visit FindLaw\u2019s LGBTQ+ Legal Resource Hub<\/a>. You can also talk to an attorney near you<\/a> for legal advice tailored to your situation. You don’t have to navigate this alone.<\/p>\n

Defining Sexual Orientation and Gender Identity Discrimination<\/h2>\n

Sexual orientation is your identity in relation to the gender or genders to which you’re sexually attracted.\u00a0Sexual orientation discrimination<\/a>\u00a0occurs, then, when you’re treated differently from others based solely on your real or perceived sexual orientation.<\/p>\n

Gender identity, or gender expression, is the gender you identify with. This can be different from the gender you were assigned at birth. Gender identity discrimination occurs when you’re treated unfairly because of your gender identity.<\/p>\n

Scenarios Involving Discrimination Against LGBTQ+ Consumers<\/h2>\n

Below are just a few hypothetical scenarios that suggest you might be experiencing gender identity or sexual orientation discrimination:<\/p>\n