New York City Sexual Orientation Discrimination Attorneys

Due to sexual orientation discrimination in the workplace, 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, also known as gender orientation discrimination, still occurs in the workplace even with these legal changes. Knowing your employee rights in New York City 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 orientation or the orientation of a person or a group they are associated with.

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

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

Signs of Discrimination

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

• 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
• Harassing a transgender employee by refusing to use their new name or pronoun
• Denying an LGBTQ employee spousal health insurance benefits

Laws Protecting Employees From Orientation Discrimination

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

• Sexual Orientation Non-Discrimination Act (SONDA): Prohibits discrimination on the basis of actual or perceived sexual orientation in employment, housing, public accommodations, education, credit, and the exercise of civil rights.
• Human Rights Law: As a result of legal changes within federal and state statutes, the New York City Human Rights law now includes discrimination based on gender stereotyping to be prohibited, including in “unlawful gender stereotyping (that) often manifests itself as anti-gay epithets or attributing a particular sexual orientation to people who do not conform to gender stereotypes.”
• Gender Expression Non-Discrimination Act (GENDA): Prohibits discrimination against transgender persons in employment, housing, public accommodations, education, and credit.

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

Understanding Your Rights Against Sexual Orientation Discrimination

Sexual orientation discrimination is illegal in New York City, and employees have the right to work in an environment free from discrimination based on their sexual orientation. It's important to understand the laws and protections in place to ensure you are treated fairly in the workplace.

At Brown Kwon & Lam, our experienced attorneys are dedicated to fighting for the rights of employees who have been subjected to sexual orientation discrimination. We can help you understand your legal rights and options for seeking justice if you have been discriminated against based on your sexual orientation.

Some important points to consider about sexual orientation discrimination include:

• Legal protections against discrimination in New York City
• Signs that you may be experiencing discrimination in the workplace
• Steps to take if you believe you are being discriminated against
• How our attorneys can help you navigate the legal process

If you have experienced sexual orientation discrimination in the workplace, don't hesitate to reach out to our team for a consultation. We are committed to advocating for your rights and holding employers accountable for discriminatory behavior.

Fighting for Equality and Justice

At Brown Kwon & Lam, we are dedicated to fighting for equality and justice for all individuals, regardless of sexual orientation. Our New York City sexual orientation discrimination attorneys are passionate about protecting the rights of our clients 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 case
• A commitment to seeking justice and fair compensation for discrimination

If you have experienced discrimination based on your sexual orientation, don't hesitate to reach out to our experienced legal team. We are here to support you and fight for your rights. Contact us today to schedule a consultation and take the first step towards seeking justice.