LGBTQ Discrimination Attorney in New York City

LGBTQ Workplace Discrimination Counsel with Direct Attorney Access in NYC

In Bostock v. Clayton County, decided on June 15, 2020, the United States Supreme Court held that Title VII prohibits employment discrimination because of sexual orientation or transgender status. The Court explained that “[a]n employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”

At Brown Kwon & Lam, we handle employment discrimination matters for workers in New York City and provide counsel across New York State, Long Island, Westchester County, and New Jersey. Our three founding attorneys bring backgrounds in litigation, class actions, and dispute resolution, and clients communicate directly with the lawyer handling their matters.

Sexual orientation discrimination is still occurs in the workplace even with these legal changes. Understanding your employee rights in New York City can help you pursue a safe and successful career with confidence.

For legal guidance about sexual orientation discrimination in New York City, call (212) 295-5828 or contact us to schedule your free consultation.

Understanding Sexual Orientation Discrimination in the Workplace

Sexual orientation discrimination occurs when someone faces unfavorable treatment at work because of their actual or perceived orientation, or because of the orientation of a person or group they are associated with. 

Discrimination may be obvious. Sometimes you know you’re denied a job or fired because of your actual or perceived orientation. Discrimination can also occur when a company adopts what appears to be a neutral policy that isn’t so neutral. When the policy has disproportionate adverse effects on workers with a specific sexual orientation, that’s discrimination.

More subtle forms of discrimination include microaggressions or exclusionary practices that are harder to identify but equally damaging. These may include exclusion from team meetings, being passed over for challenging projects, or receiving less support from supervisors. Understanding the various forms this discrimination can take is essential for safeguarding your rights and addressing issues early, especially in large cities like New York and Brooklyn.

New York City workers may have protections under the New York City Human Rights Law. Employers must not only abide by state and federal requirements, but also remain aware of local regulations and initiatives specific to New York’s diverse workforce. Navigating this multilayered legal landscape benefits from the insight of attorneys who understand both the broader statutes and the nuances of New York City employment law.

Recognizing the Signs of Discrimination

Sexual orientation discrimination can be difficult to show, but potential signs include:

• Harassment due to actual or perceived sexual orientation
• Not hiring an applicant because they are LGBTQ
• Denying an employee a promotion or raise because they identify as part of the LGBTQ community
• Firing an employee who comes out
• Terminating an employee who is transitioning
• Denying access to a restroom to a transgender employee
• Refusing to use a transgender employee’s name or pronoun
• Denying an LGBTQ employee spousal health insurance benefits

Other concerns can include intrusive comments, slurs, outing a worker without permission, unequal benefits, exclusion from opportunities, repeated misgendering, or retaliation after a complaint.

Keep records of what occurred, when it occurred, who was involved, and how the employer responded. Emails, text messages, performance reviews, personnel notices, policies, calendar entries, and witness information can help establish a clearer chronology. Preserve relevant records lawfully, and don’t alter or delete communications.

Get in touch through our online form or call (212) 295-5828 to discuss your documentation and timeline in a free consultation.

New York Laws Protecting Against Sexual Orientation Discrimination

fNew York City, New York State, and federal law can protect employees from sexual orientation discrimination.

• Sexual Orientation Non-Discrimination Act (SONDA): SONDA prohibits discrimination based on actual or perceived sexual orientation, including in employment.
• New York City Human Rights Law: This law prohibits employment discrimination based on sexual orientation and gender, including gender identity and gender expression. It also addresses discriminatory harassment and retaliation.
• Gender Expression Non-Discrimination Act (GENDA): GENDA added protections for gender identity and gender expression under New York law.

In addition to these state laws, Executive Order 13087 of 1998 also prohibits orientation discrimination for federal government employees, and the U.S. Equal Employment Opportunity Commission (EEOC) upholds these protections, as does Title VII of the Civil Rights Act of 1964 for private-sector employees. These comprehensive safeguards matter for New York residents and employees.

Furthermore, anti-discrimination protections flow from federal, state, and local laws, giving New York City workers exceptionally strong coverage. Local agencies like the New York City Commission on Human Rights actively enforce these rights, while community organizations across boroughs like Brooklyn hold legal clinics to keep employees informed about evolving statutes. Staying aware of these protections helps workers spot violations early and fosters greater accountability in the workplace.

How LGBT Discrimination Cases Move Forward in New York City

After a consultation, an LGBT discrimination matter may begin with a review of documents, a chronology of events, witness information, and the employer’s stated reasons for its actions. Depending on the circumstances, a worker may report conduct internally, pursue an agency complaint, engage in settlement discussions, or move forward through mediation, arbitration, or litigation.

New York City workers may consider the NYC Commission on Human Rights, while the New York State Division of Human Rights is another reporting channel. The Division of Human Rights accepts complaints without requiring an attorney. The NYC Commission on Human Rights doesn’t automatically cross-file employment complaints with the EEOC, so someone considering a federal claim may need to evaluate whether a separate EEOC filing is necessary.

Deadlines and procedural requirements vary by claim and forum. For example, the NYC Commission on Human Rights generally requires a complaint within one year of the last alleged discriminatory act, although gender-based harassment claims have a three-year period. Our LGBTQ discrimination attorneys in New York City can review the timeline, documents, employer explanations, jurisdiction, and your objectives, then explain the differences among internal, agency, arbitration, and court processes.

Factors That Affect LGBT Discrimination Claims

Our perspective from representing employees and employers helps us anticipate how workplace disputes may develop from different angles. We pursue practical, cost-conscious resolutions where appropriate and can handle mediation, arbitration, agency proceedings, and litigation. Our firm has obtained millions in recoveries and favorable judgments, but no particular result can be guaranteed because each matter depends on its facts and applicable law.

Several factors can affect the evaluation of an LGBT discrimination claim:

• Documentation
• Witness accounts
• Timing
• Comparator information
• Employer policies
• Credibility
• The employer’s stated reason for an employment decision

Working with LGBTQ Support Resources

Government human-rights agencies and LGBTQ community organizations can offer information and support while a worker evaluates a workplace concern. The New York State Division of Human Rights provides a channel for discrimination complaints, and the NYC Commission on Human Rights provides information about LGBTQ protections and discrimination complaints.

Groups such as the New York City Anti-Violence Project and the LGBT Community Center may also provide resources and advocacy for LGBTQ individuals. These organizations are independent resources. Their availability does not indicate a partnership, sponsorship, referral arrangement, or affiliation with Brown Kwon & Lam.

Community support can be useful alongside legal guidance, particularly when a worker needs help understanding available services or discussing a sensitive workplace experience. We can focus on evaluating the employment-law issues and explaining the options that may be available.

Join Us in the Fight for Equality & Justice

At our firm, we dedicate our practice to fighting for equality and justice for all individuals, regardless of sexual orientation. Our New York City sexual orientation discrimination attorneys care about protecting clients’ rights and holding employers accountable for discriminatory practices.

When you choose our law firm, you can expect:

• Compassionate and understanding legal representation
• Thorough knowledge of New York City discrimination laws
• Aggressive advocacy for your rights in the workplace
• Personalized attention to your unique goals and circumstances
• Direct access to your attorney
• Prompt returns to calls and emails
• A commitment to seeking justice and fair compensation for discrimination

If you have experienced discrimination based on your sexual orientation, reach out to our legal team. We are here to support you and defend your rights. Contact us today to schedule a consultation and start the path toward justice.

If you believe you experienced employment discrimination because of your sexual orientation, gender identity, or gender expression, contact Brown Kwon & Lam or call (212) 295-5828 to schedule a free consultation. Our attorneys can explain the deadlines, reporting options, and next steps that may apply.