New York Sexual Orientation Discrimination Lawyers
New York state law prohibits employers from discriminating against an individual because of his or her sexual orientation. Sexual orientation discrimination in the workplace occurs when an employee is treated differently based on his or her actual or perceived sexual orientation (whether homosexual, bisexual or heterosexual). It is important to note that it does not matter if your employer's perception of your sexual orientation is right or wrong. Even your employer is treating you unequally based on an incorrect belief about your sexual orientation, this conduct is still prohibited by state law. The New York sexual orientation discrimination lawyers at Phillips & Associates understand the sensitive issues involved in bringing a lawsuit against your employer, and we handle each case we take with our client's best interests in mind.
How to Recognize Sexual Orientation Discrimination
There are currently no federal laws that prohibit sexual orientation discrimination in the workplace, except for employees of the federal government. However, in some some circumstances, sexual orientation discrimination may overlap with sex/gender orientation, which federal law does prohibit. However, New York state law does apply to workplaces in the private sector and protects employees from being discriminated against on the basis of their sexual orientation.
Some examples of sexual orientation discrimination may include, but are not limited to:
- Harassment from coworkers or employers about your sexual orientation
- Derogatory comments about gay, lesbian, or bisexual individuals
- Being denied a promotion purely based on sexual orientation
- Being treated differently by a supervisor or manager after he or she finds out about your sexual orientation
- Comments such as "He's too effeminate for this position," or "She's not feminine enough."
- Being asked not to bring a same-sex partner to an event while different-sex partners are invited
If you believe you have been treated unfairly because of your actual or perceived sexual orientation, it is important to consult with an experienced New York sexual orientation discrimination attorney who can help advise you regarding the next steps you should take. The law firm of Phillips & Associates is one of the leading New York firms in workplace law, and our office regularly serves clients in the New York and Tri-State region. Our experienced attorneys have won many legal victories for our clients who have been the victims of sexual orientation discrimination in the workplace.
Do Not Hesitate to Contact Sexual Orientation Discrimination Attorneys at Phillips & Associates
If you require legal assistance with a sexual orientation discrimination matter, contact our office today to schedule a consultation with one of our New York employment law attorneys. Our initial consultations are confidential and always free. At the initial meeting, we will discuss your concerns and answer your questions regarding the strength of your legal claim. If we represent you, we will do everything we can to aggressively represent your case and obtain the maximum level of compensation possible. We represent our clients on a contingency fee basis, which means you do not pay any attorney's fees unless we are able to obtain a favorable settlement for you.
To find out more about our active workplace law practice, browse our latest cases in the news and learn about how our seasoned attorneys can help you with your sexual orientation discrimination claim.
If you need legal representation for a possible sexual orientation discrimination claim, please contact the law firm of Phillips & Associates by calling (866) 229-9441 or fill out and submit our online Contact Us form to schedule your free, confidential consultation with an experienced New York employment discrimination attorney. Act now to make sure your rights and best interests are protected.
Comments Regarding Sexuality in the Workplace
Discrimination Against Transgender Individuals
Gay and Lesbian Discrimination
Gay and Lesbian Harassment
New York State Laws Against Discrimination Based on Sexual Orientation
Guidance Regarding Gender Identity and Expression Discrimination Under the NYCHRL
Sex Discrimination Based on Gender Identity, Gender Expression Discrimination, or Transgender Identity Discrimination
New York State Laws Against Discrimination Based on Sexual Orientation
Attorneys Advising New York City Employees on Their Rights
Despite the substantial progress being made toward establishing equal rights for gay, lesbian, bisexual, and transgender individuals, many employers still engage in unlawful discrimination against employees based on their sexual orientation. For many victims, the pain and embarrassment of being targeted in such a hateful way prevents them from coming forward and seeking legal recourse against their employers. At Phillips & Associates, our sexual orientation discrimination lawyers have helped many New York City employees take legal action against their employers after being subjected to unlawful conduct in the workplace.
New York State Protections Against Sexual Orientation Discrimination
In this state, it is unlawful to discriminate against an employee based on his or her sexual orientation. Despite this fact, over 40% of gay and lesbian adults report facing some type of harassment or hostility at the workplace based on their sexual orientation. Many employers’ biases and prejudices are based on erroneous beliefs and assumptions about individuals who do not identify as straight. Regardless of how an employer may view an employee’s sexual orientation, New York law prohibits an employer from treating the employee differently at any point along the employment chain. This includes the hiring process, promotional decisions, job duty assignments, and the termination of an employee.
There are some instances in which sexual orientation discrimination is obvious and easy to identify. If an employer says, for example, that he or she chose not to promote an employee or assign someone to a particular job duty based on that person’s sexual orientation, the employer likely has engaged in sexual orientation discrimination. This also holds true for written statements, like emails, that include overt indications of an employer’s discriminatory actions towards employees based on their sexual orientation. Any taunts, lewd comments, jokes, or offensive remarks regarding an employee’s sexual orientation, whether actual or perceived falsely, constitute sexual orientation discrimination. In these situations, it may be straightforward to prove the employer’s discriminatory intent because you can provide direct evidence establishing that you were treated differently based on your sexual orientation.
There is also a plethora of less obvious instances in which sexual orientation discrimination runs rampant. An employer with prejudicial beliefs about different sexual orientations may overlook an employee for a promotion or assignment out of a desire to keep that employee from interacting with various clients, customers, or the public. Some employers may request that an employee refrain from bringing his or her significant other to a work-related event, knowing that the employee identifies as gay, lesbian, or bisexual. In these situations, the employee must gather circumstantial evidence indicating that the employer treated the employee differently based on his or her sexual orientation. A common example includes providing evidence indicating that the employer took the discriminatory action within close proximity to learning about the employee’s sexual orientation.
Seek Legal Guidance for a Gender Discrimination Claim in New York City
If you believe you have been the victim of sexual orientation discrimination, you may have legal remedies available to you against your employer. At Phillips & Associates, our gender discrimination attorneys work hard on behalf of individuals in New York City to protect their privacy, fight for their workplace rights, and help them seek the compensation that they deserve after facing harassment. We proudly serve discrimination victims throughout the five boroughs, including in Queens, Staten Island, and the Bronx. Call us now at (866) 229-9441 or contact us online to set up a free, confidential consultation today.
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