30 Years Representing Phoenix Workers in Employment Discrimination Matters
LGBT employees in Phoenix have legal recourse when they face discrimination at work. The challenge is that protection comes from three overlapping sources rather than one clear statute, and knowing which applies to your situation shapes how a claim is filed and where it goes. At Yen Pilch Robaina & Kresin, we’ve represented Phoenix workers in employment discrimination matters for more than 30 years, and we handle cases from the first consultation through resolution with the same attorney staying on your matter throughout.
Our employment law practice covers discrimination, harassment, retaliation, and wrongful termination for workers in private companies, public agencies, and federal employment. If you’ve experienced adverse treatment at work because of your sexual orientation or gender identity, we can walk you through what the law covers and what a realistic path forward looks like.
Contact our Phoenix office to schedule a confidential consultation. We can explain your rights, outline your options, and give you a clear picture of next steps before you decide how to proceed. Call us today at (602) 833-0220.
How We Approach LGBT Discrimination Cases
We hold an AV Preeminent rating from Martindale-Hubbell, a peer-review mark awarded based on assessments from other lawyers and judges. Our attorneys have handled matters in the United States Court of Appeals for the Ninth Circuit, the Arizona Supreme Court, and Arizona appellate and trial courts. That range of forum experience shapes how we evaluate the strength of a case and the realistic options at each stage.
We represent employees, executives, government workers, and federal employees. When you work with us, you work directly with the attorney handling your matter, keeping communication consistent and strategy aligned with your actual situation. We evaluate facts carefully and adjust between negotiation, EEOC mediation, and litigation as circumstances develop rather than applying a fixed process to every case.
Three Layers of Legal Protection for LGBT Employees in Phoenix
Where your protections come from matters, because each source has different enforcement mechanisms and filing procedures.
Federal Protection Under Title VII
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination because of sex and applies to employers with 15 or more employees. In 2020, the U.S. Supreme Court held in Bostock v. Clayton County that Title VII’s sex-discrimination prohibition covers discrimination based on sexual orientation and gender identity. This is currently the broadest and most established source of federal protection for LGBT employees.
Arizona Civil Rights Act
Arizona doesn’t have a standalone state statute naming sexual orientation or gender identity as protected classes. The Arizona Attorney General’s Civil Rights Division applies the reasoning from Bostock to the Arizona Civil Rights Act’s sex-discrimination provision, extending parallel state-level protections through that interpretation.
Phoenix Human Relations Ordinance
The City of Phoenix amended its Human Relations Ordinance in 2013 to directly prohibit employment discrimination based on sexual orientation and gender identity or expression. Complaints under the ordinance are filed with the City’s Equal Opportunity Department. Violations are enforced as a Class 1 misdemeanor rather than through a private lawsuit under the ordinance itself, which makes this a distinct enforcement path from federal or state charges.
Recognizing LGBT Discrimination in a Phoenix Workplace
Discrimination doesn’t always look the same. Knowing what to look for helps you assess whether what you experienced crosses a legal line.
Common forms include:
Discriminatory hiring decisions based on perceived or known sexual orientation or gender identity
Unequal pay for equivalent work compared to similarly situated employees
Denial of promotions or other advancement opportunities
Harassment through derogatory comments that create a hostile work environment
Refusal of restroom access aligned with a transgender employee’s gender identity
Refusal to update employment records to reflect a new name or gender marker after a transition
Retaliation for reporting discrimination or participating in a workplace investigation, which is separately protected under the Arizona Civil Rights Act
Filing a Charge & Moving Through the Process
Before a lawsuit can proceed in state or federal court, you generally must file a charge of discrimination with the EEOC or the Arizona Attorney General’s Civil Rights Division. The two agencies operate under a work-sharing agreement, so a charge filed with one is typically cross-filed with the other. Because Arizona has an agency enforcing a comparable law, the standard filing deadline extends from 180 days to 300 days from the date of the discriminatory act.
Documentation strengthens a charge considerably. Dates of specific incidents, names of witnesses, and written communications, such as emails or performance reviews, all become part of the factual record. We gather that material carefully, review it with you, and evaluate the risk picture at each stage before advising whether to pursue conciliation, mediation, or litigation. If conciliation fails, the case may move to court.
Our EEOC mediation experience is a practical part of how we handle these matters. Many charges are resolved through the EEOC’s mediation program before litigation becomes necessary, and we represent clients through that process with the same attention we bring to courtroom work.
Federal Employees Face a Different & Shorter Timeline
If you work for a federal agency, the administrative path for an LGBT discrimination claim is separate from the EEOC process that applies to private-sector and state employees. Federal employees and applicants generally must contact an EEO counselor at their agency within 45 days of the discriminatory act. That’s a much shorter window than the 300-day deadline available in the private sector, and missing it can close off your options before a formal charge is ever filed.
We represent federal government employees as a distinct part of our employment law practice. If you’re a federal worker in Phoenix who believes you’ve been subjected to discrimination based on sexual orientation or gender identity, speaking with an LGBT discrimination attorney who understands the federal EEO process can be a critical first step.
We care about our clients as if they were our family, showing them care and compassion throughout the entire process.
We Work Hand in Hand with Our Clients
We work closely with our clients to address their needs and find favorable solutions to their employment-related, personal injury and estate planning issues.
Experienced Attorneys Ready to Fight for You
The experienced Phoenix employment lawyers of Yen Pilch Robaina & Kresin PLC understand what it takes to achieve results for our clients.
Trusted for Over 30 Years
Our firm brings a high level of experience to each and every matter, and we have helped clients secure millions of dollars in total settlements and verdicts.
Client Testimonials
“This office is a great resource”
“As an educator working for a non-union Charter School, I did not not who to turn to when my principal started improper practices with teachers during COVID19. We were shocked he would treated us so poorly during a pandemic.”
B. Burton
“He is extremely intelligent”
“Mr Robaina was a God sent.”
Anthony H.
“I would recommend this firm for any employment cases.”
“Very friendly and welcoming folks there. The attorney listened to my situation with great interest, and offered excellent legal advice.”
Preston J.
“Our case was resolved in a manner favorable”
“Ed Robaina and his team represented my company during a very difficult lawsuit against a deep-pocket company represented by one of the largest law firms in the southwest. Robaina's team was very professional, always prepared, and very patient with us.”
Tod W.
“They are honest and trustworthy”
“I have hired Robaina and Kresin on several occasions over the last ten years. Their service has been professional and complete with attention to detail.”
Brent W.
“We need more lawyers like you.”
“I am a doctor at a federal agency who was discriminated against. Edmundo Robaina took my case at short notice, just a few weeks before the hearing, reviewed thousands of pages, conducted interviews efficiently, and led the case effectively to a very suc”
Medical Doctor
“I requested and received a top notch legal defense”
“Robaina and Kresin represented me as a defendant in an employment discrimination case. Because the allegations were extremely harmful to my reputation and not true, it was not a case that could be settled. I requested and received a top notch legal defe”
Bruce H.
“I would highly recommend Mr. Kresin to others.”
“David Kresin is intelligent, intuitive, quick to assimilate information and strategic in his thinking.”
