LGBT Discrimination During the Interview or Hiring Process

Experienced Employment Lawyers Guiding New York City Residents

The job market is competitive enough these days without employers discriminating against otherwise qualified job applicants based on who they are. One of the biggest areas of discrimination in the workplace involves differential treatment of individuals who identify as lesbian, gay, bisexual, or transsexual. Even though this information may not be on your resume, some employers will go to great lengths to research and investigate potential job applicants during the hiring process. At Phillips & Associates, our team of employment discrimination attorneys has provided legal counsel to people in New York City who have been hampered by wrongful conduct when seeking a position.

Understanding Legal Protections for LGBT Job Applicants

Unfortunately, not every jurisdiction in the United States recognizes protections for LGBT community members. New York City, however, is leading the way in this field, particularly through its Human Rights Law. In general, the state of New York also has a strong track record when it comes to pioneering LGBT rights, with the New York Court of Appeals abolishing all laws criminalizing homosexual conduct in the 1980s.

Additionally, in June 2011, the New York State Legislature passed the Marriage Equality Act, which permitted same-sex marriages in the state. Before that, the state recognized marriages between same-sex couples that had been performed in other states. Also, the locality has recognized same-sex domestic partnerships since 1998.

At the federal level, the Equal Employment Opportunity Commission interprets the Civil Rights Act of 1964 as encompassing issues involving discrimination against LGBT individuals in the workplace. The statute states “allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex.” However, these rulings are not binding, and courts have the option of choosing to not follow their guidance.

Stop LGBT Discrimination

In some cases, an employer’s discrimination against an LGBT applicant will be apparent and easy to identify. Questions that blatantly seek out information regarding the applicant’s sexual identity would fall within this category. It may be easier to identify situations in which the employer is attempting to seek out the applicant’s sexual identity through other means, including questions about whether the applicant is married or currently dating anyone. Asking whether the applicant belongs to any groups, particularly of an activist nature, could also be designed to find out whether the applicant identifies as LGBT.

Consult a Dedicated New York City Attorney for a Discrimination Claim

If you think that you have been the victim of discrimination during a job interview based on your sexual orientation, you may have rights to assert. Both federal and New York laws provide protections against this type of behavior and generally allow victims of discrimination to seek compensation. We know how difficult bringing this type of case can be, but our compassionate New York City lawyers are here to guide you through a discrimination or wrongful termination claim. We proudly represent workers throughout the five boroughs of the city, including Manhattan, Queens, and Brooklyn as well as in Westchester County and Long Island. We can work tirelessly to help you ensure that your rights are asserted at every step of the way. Call us at (212) 248-7431 or contact us online to set up a free consultation.

PHILLIPS & ASSOCIATES
45 Broadway, Suite 620,
New York NY, 10006
Tel: 212-248-7431
Fax: 212-901-2107
info@tpglaws.com
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