Sex Discrimination Based on Gender Identity, Gender Expression Discrimination, or Transgender Identity Discrimination
Although there have been many advancements in sexual orientation discrimination laws, numerous employers still engage in hostile behavior towards employees based on their gender identity, gender expression, or identification as transgender. In New York, a number of laws have been enacted that provide clear protection to individuals who identify in any of these classes. These laws cover various sexual orientation groups and require employers to maintain a collegial and non-hostile work environment. If you believe that you have been the victim of unlawful conduct in a New York City workplace, the sexual orientation discrimination attorneys at Phillips & Associates may be able to advise you.Identifying Inappropriate Treatment Related to Sexual Orientation
In any instance where an employer treats an employee differently based on his or her sexual orientation, the employer has engaged in discrimination. Existing laws that apply to gender and sex discrimination often apply to these situations as well. In general, these laws prohibit an employer from discriminating based on gender, sex, or sexual orientation at any stage of the employment process.
There are many instances in which discrimination is easy to identify. For example, an employer is prohibited from overlooking an otherwise qualified candidate for a promotion or assignment based on his or her sexual orientation. Any overt comments about an individual’s sexual orientation or derogatory remarks are also clear instances of discrimination that are prohibited by law. Many employers make judgments about an employee’s ability to handle a certain assignment that result in discrimination. An employer may say that a lesbian female employee is too masculine for a job, or that a gay male employee is too effeminate. Both instances constitute impermissible sexual orientation discrimination.
There are less obvious instances in which sexual orientation discrimination may occur. For example, an employer is prohibited from assigning a transgender individual to duties that keep the individual away from customers on the basis that the individual’s identification as transgender may hurt the business.
Additionally, employers are required to take steps to eliminate discrimination from other employees or customers. Many coworkers and customers may have biased and prejudicial beliefs against individuals who identify as gay, lesbian, bisexual, or transgender. An employer cannot simply ignore these incidences. Instead, the employer is required to take steps to remedy and prevent the discrimination.Consult a New York City Attorney for a Gender Discrimination Claim
If you believe that you have suffered sexual orientation discrimination in the workplace based on your gender identity, gender expression, or transgender identity, the experienced gender discrimination lawyers at Phillips & Associates can help. We have assisted individuals throughout New York City, including in Manhattan, Staten Island, and Brooklyn. We understand just how private and sensitive a situation like this can be. As a result, we work hard to protect your privacy and ensure that you are treated fairly along every step of the way. We offer a free confidential consultation to discuss your situation and learn about the legal remedies available to you. Call us now at 212-248-7431 or contact us online to set up an appointment.
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