Fired for Being Lesbian
Although our society has made substantial progress when it comes to creating equality for lesbian, gay, bisexual, and transgender individuals, there are still pervasive instances of discrimination against these groups based solely on sexual orientation. In some instances, the discrimination is so severe that it results in an employer terminating an employee based solely on her status as a lesbian. All too often, the employer attempts to conceal its ulterior motive by assigning blame for the termination to the employee, making misrepresentations regarding her performance or qualifications. The dedicated sexual orientation discrimination lawyers at Phillips & Associates have helped many New York City residents bring claims against their employers for wrongful termination and are prepared to help you do the same.Understanding Wrongful Termination Claims
Although there is currently no federal law providing express protections for lesbians in the workplace, there are a number of federal laws prohibiting discrimination based on sex and gender that have been interpreted as encompassing discrimination against lesbians. In addition, New York law prohibits an employer from discriminating against an employee based on her status as a lesbian. This prohibition applies to every aspect of the employment relationship, including hiring, promotions, job assignments, and termination decisions.
If you believe that you have been terminated as a result of your sexual orientation, the first important step is to collect as much evidence and documentation of the discrimination as possible. If your employer indicated that he or she was terminating you because of your performance, you may want to consider collecting any job reviews, emails, written notes, or other documents containing a positive review or feedback on your performance.
At trial and during negotiations, you may be able to present both direct and circumstantial evidence of your boss’ discrimination. Direct evidence would consist of any evidence that specifically references your boss’ discriminatory ulterior motive for terminating you. For example, an email or verbal statement from your supervisor saying that he or she is firing you because you are a lesbian would constitute direct evidence of discrimination.
Circumstantial evidence is less obvious and requires the jury to make an inference. For example, if your boss did not know you were a lesbian and you were fired shortly after he or she found out about your sexual orientation, the jury may infer that your boss fired you because of your sexual orientation.Consult a Skilled New York City Lawyer to Fight Gender Discrimination
Losing your job as a result of your sexual orientation can be a devastating and traumatic experience. The facts and circumstances giving rise to this type of egregious situation are often very personal and private. At Phillips & Associates, our team of experienced gender discrimination attorneys proudly serves individuals throughout New York City, including in Staten Island, the Bronx, and Queens. We will treat you with the compassion, attention, and dedication that you and your family deserve during this difficult time. You should not let a discriminatory employer get away with treating you unfairly based on your status as a lesbian. Call Phillips & Associates today at 212-248-7431 or contact us online to set up a free, no-obligation consultation.
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