Phillips & Associates

Nassau County Sexual Orientation Discrimination

Lawyers Fighting for Employee Rights in Nassau County

Nassau County has a total area of 453 square miles and is famous for being one of the most expensive places to live in the U.S. The most prominent industries there consist of health care and social assistance, educational services, and retail. Sexual orientation discrimination occurs in any type of industry when an employer makes an adverse employment decision based on a job applicant or employee's sexual orientation. If you are a victim of sexual orientation discrimination in the workplace, it can be very disturbing emotionally, in addition to having serious economic consequences. At Phillips & Associates, our Nassau County sexual orientation discrimination attorneys may be able to counsel and represent you in a lawsuit for damages.

Bringing a Claim for Sexual Orientation Discrimination

New York's Sexual Orientation Nondiscrimination Act (SONDA) forbids employers with at least four employees from discriminating due to a job applicant or employee's sexual orientation. It defines sexual orientation as actual or perceived asexuality, bisexuality, homosexuality, or heterosexuality. You can be subject to discrimination on the basis of sexual orientation even if the discriminating person misperceives your sexual orientation. For example, if you are terminated because your new supervisor believes that you are lesbian, you have a basis to sue even if you are bisexual. Similarly, if you are not promoted to a more prestigious customer-facing position because your supervisor thinks that you are gay when you are asexual, this would also be sexual orientation discrimination.

A transgender person is also protected under SONDA if the transgender person is subjected to discrimination based on actual or perceived sexual orientation. More recently, transgender individuals have been expressly protected under state regulations against discrimination and harassment on the basis of their gender identity. Our sexual orientation discrimination attorneys can help Nassau County residents of any orientation or identity fight for their rights.

What is Sexual Orientation Discrimination?

Discrimination can take place in connection with any employment action, including termination, failure to promote, failure to hire, withholding of benefits, or adverse actions related to any other terms or conditions of employment. One type of discrimination is harassment, and if you were subject to harassment based on your sexual orientation, you may have a basis to bring a lawsuit under the New York State Human Rights Law.

There are some exemptions that can affect the application of SONDA. For example, an employer that is a religious or denominational institution is allowed to take adverse actions that are taken for the purpose of promoting the specific religious principles under which the institution was founded or kept. There is an argument to be made that if an employer is a church or another religious entity, it could discriminate against someone whom it believes to be of a particular sexual orientation that it believes violate its religious principles.

Legal Recourse After Discrimination

People who believe that they have been victims of sexual orientation discrimination may file a complaint with the New York State Division of Human Rights within a year of the most recent discriminatory act by their employer. Alternatively, they may file a complaint directly in state court within three years of the most recent discriminatory act. If you file a charge with the State Division, it will investigate and determine whether the charge is meritorious. It can hold a hearing before an administrative law judge, who may be able to provide a remedy. However, in some cases, it may be better to file in court and pursue monetary damages there. It is best to consult an experienced Nassau County sexual orientation discrimination attorney about which path would provide better remedies.

There is no explicit protection against sexual orientation discrimination under Title VII. However, the Equal Employment Opportunity Commission (EEOC), which enforces the law, has issued guidance explaining that sexual orientation discrimination is to be treated as a form of sex discrimination. In 2000, a federal jury awarded $1.55 million in damages to a former Nassau County corrections officer who claimed that his supervisors condoned the harassment of him by his coworkers because he is gay. However, different courts have issued various rulings on the question of whether Title VII includes sexual orientation discrimination within the category of sex discrimination, and it is important to consult an experienced attorney about which rules would apply in your case.

Retain a Dedicated Sexual Orientation Discrimination Lawyer in Nassau County

At Phillips & Associates, our attorneys are available to evaluate your situation to determine whether you have a basis to sue for sexual orientation discrimination and represent you if appropriate. Contact us online or call us at (516) 365-3731for a free appointment. We are proud to require no upfront fees and get paid only if we recover compensation on your behalf.

PHILLIPS & ASSOCIATES
585 Stewart Ave #330
Garden City, NY 11530
Tel: 516-365-3731
Fax: 212-901-2107
Client Reviews
★★★★★
I called at Phillips & Associates seeking for a consultation and I was very pleased with the conversation I had with Eugenio Benvenuto. He was able to answer my questions thoroughly and gave me reassurance. I highly recommend their practice. Giulia
★★★★★
Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associates that assisted Brittany were Yusha Hiraman, Eugenio Benvenuto and Katerina Housos. They were all professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
★★★★★
Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues. Karen
★★★★★
I highly recommend Parisis (Gerry) Fillippatos with Phillips & Associates to represent you for employment related matters. He and his team were professional, attentive to every detail and brilliant at identifying the legal grounds to win the case. Parisis's communication and delivery were highly articulate and precise. He is personable and makes you feel comfortable in the maze of legal jargon. Finally, his confidence, perseverance and masterful negotiation skills deliver the win. Anonymous
★★★★★
I had an excellent experience with this team! Thanks, Marjorie, Brittany, and Candy for your great support and prompt answers to all my questions. I highly recommend this firm. This team works very hard and I am extremely happy with the results. Ana