Sexual Orientation Discrimination

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    In June of 2020, The United States Supreme Court, in a historic ruling, sided with LGBTQ Americans saying that “An 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.”

    Sexual orientation discrimination still occurs in the workplace even with these legal changes. Knowing what your rights are as an employee in New York state will help you lead a safe and successful career.

    What is sexual orientation discrimination?

    Sexual orientation discrimination occurs in the workplace when a person is treated unfavorably because of their actual or perceived sexual orientation, or the sexual orientation of a person or a group they are associated with.

    Discrimination may be obvious, such as being denied a job or fired on the basis of actual or perceived sexual orientation. Discrimination can also occur from what seems to be a neutral policy adopted by a company that has disproportionate adverse effects on workers with a specific sexual orientation.

    In addition to these adverse employment consequences, discrimination may occur via harassment, solely based on sexual orientation.

    Signs of Sexual Orientation Discrimination

    Sometimes it can be difficult to show that discrimination based on sexual orientation is occurring. However, there are signs to be mindful of:

    Laws Protecting Employees From Sexual Orientation Discrimination

    In New York State, there are various laws protecting employees from sexual orientation discrimination.

    In addition to these state laws, sexual orientation discrimination is prohibited under Executive Order 13087 of 1998; the U.S. Equal Employment Opportunity Commission (EOCC); and Title VII of the Civil Rights Act of 1964.

    Contact The New York City Sexual Orientation Discrimination Attorneys Today

    ​No matter your race, sex, gender identity, sexuality, or age, you are legally entitled to a safe work environment with equal opportunities and rights. But when your employer discriminates against you because of your sexual orientation, you deserve justice. Let us elevate your voice.

    If you believe that you were a victim of employment discrimination because of your sexuality or gender identity, call Brown Kwon & Lam, LLP today.

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