Fired for Being Gay
Many Americans possess an accepting attitude toward individuals of all different sexual orientations. Unfortunately, some employers hold prejudicial biases regarding people with certain sexual orientations and allow these biases to affect the way they treat their employees at the workplace. Gay men are one of the most widely discriminated against groups and have faced hostile work environment conditions for decades. Fortunately, the state of New York has enacted laws that provide protections for employees who face discrimination and even unlawful termination based on their sexual orientation as gay. At Phillips & Associates, our sexual orientation discrimination attorneys can help New York City residents investigate a potential claim and bring a lawsuit against an employer after being fired based on identifying as gay.Proving Wrongful Termination Based on Sexual Orientation
Although there are currently no federal laws that protect gay men from sexual orientation discrimination in the workplace, New York has enacted laws that provide express prohibitions against treating them differently based solely on their sexual orientation. These laws prohibit an employer from discriminating based on an employee’s sexual orientation, whether actual or falsely perceived, at any stage of the employment relationship. This includes the hiring process, job assignments, promotions, wage and benefit payments, and work-related activities like office parties and events.
In a wrongful termination claim, the plaintiff is alleging that the employer fired him or her based on an improper reason. In many circumstances, an employer will claim that the decision to terminate the employee was based on the employee’s poor work performance, habits, or administrative decisions regarding employee redundancy.
There are two ways to prove that your employer terminated you based on your sexual orientation. The first way is by providing direct evidence of the employer’s discriminatory motive. This might include a statement, email, or other communication in which the employer blatantly says that it is terminating you because of your sexual orientation.
The other way to prove that your employer fired you based on your sexual orientation is by providing circumstantial evidence of your employer’s discriminatory intent. One of the most common examples of this type of evidence is showing that your employer fired you shortly after finding out or cultivating a belief that you are gay. A pattern of discriminatory conduct toward you leading up to your termination can also help show that your employer had an ulterior motive for terminating you.Consult a Gender Discrimination Attorney in New York City
If you believe that you have been fired based on your sexual orientation, you may be entitled to compensation from your employer. At Phillips & Associates, our gender discrimination lawyers have helped many gay individuals throughout New York City, including in Manhattan, the Bronx, and Brooklyn. We understand firsthand just how private and embarrassing this type of situation can be for you and your family. Throughout your case, we can work hard to protect your privacy and assert your right to compensation aggressively. Call us now at 1-212-248-7431 or contact us online to set up a free confidential consultation.
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