New York City Sexual Orientation Discrimination Attorneys

Serving Clients Throughout New York and New Jersey

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, stating 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 undisguised role in the decision, exactly what Title VII forbids.”

This landmark decision serves as a critical reminder of the ongoing struggle for equality and the need for continued vigilance to ensure these rights are protected in the workplace. While legal advancements mark significant progress, the reality is that many LGBTQ individuals still face challenges and discrimination in their daily work environments. Employers may implement policies that, intentionally or inadvertently, disadvantage these individuals, highlighting the importance of legal counsel and advocacy in such situations.

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 will help you lead a safe and successful career.

Understanding Sexual Orientation Discrimination in the Workplace

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. Employers in New York must adhere to these regulations as outlined by the law.

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.

More subtle forms of discrimination may involve microaggressions or exclusionary practices that are harder to identify but equally damaging. These can manifest as being excluded from team meetings, being bypassed 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 potential issues early, particularly in big cities like New York and Brooklyn.

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

Brown Kwon & Lam is ready to help you. Get in touch through our online form or call (212) 295-5828. Your initial consultation is free of charge.

Recognizing the 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

Recognizing these signs is the first step toward addressing discrimination. Each situation is unique, and understanding your rights and the legal options available is crucial in effectively combating workplace discrimination. Documenting incidents when they occur can provide clear evidence, which is invaluable if legal action becomes necessary.

Key Laws Protecting Against Orientation Discrimination

In New York 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, and the U.S. Equal Employment Opportunity Commission (EEOC) prohibits this discrimination, as does Title VII of the Civil Rights Act of 1964. These comprehensive protections are significant for New York residents and employees.

These laws represent a significant step forward in the fight for equality, but navigating the legal landscape can still be complex. Legal professionals can offer invaluable guidance to ensure these protections are fully realized, helping individuals understand how these laws apply to their unique situations and what actions can be taken if they are violated.

Know 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 dedicated attorneys are committed 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.

Understanding your rights is crucial in taking a stand against discrimination and fostering inclusivity in the workplace. The process can be daunting, but with professional guidance, individuals can navigate the complexities involved confidently. Detailed awareness of available resources and support structures can empower employees to assert their rights, promoting a more equitable working environment for all.

Brown Kwon & Lam is here to help. Connect with us online or call (212) 295-5828. Your initial consultation is free of charge.

The Role of New York State in Protecting LGBT Rights

New York State has long been at the forefront of implementing protections for LGBT individuals in the workplace. With robust anti-discrimination laws such as SONDA and GENDA, the state works tirelessly to ensure the rights of all residents are safeguarded. New York was one of the earliest states to recognize the unique challenges faced by LGBTQ individuals, setting a precedent for legal reforms. This proactive stance provides a framework within which residents can expect fair treatment in both professional and social settings.

The New York City Human Rights Law extends even further by offering specific recourse for individuals facing bias or discriminatory treatment. This legislation makes it illegal for employers to create a hostile work environment based on someone's sexual orientation or gender identity. For residents, this means an additional layer of protection that reinforces fair employment practices and provides clarity on what constitutes unlawful conduct.

Working with LGBT Supportive Organizations

Partnerships with local LGBTQ organizations are essential in promoting a culture of equality and respect in the workplace. Groups such as the New York City Anti-Violence Project and the LGBT Community Center provide resources, support, and advocacy for individuals facing discrimination. These organizations offer a network of professionals dedicated to supporting affected individuals through counseling services, workshops, and referral programs.

Engaging with these groups can significantly impact how businesses integrate inclusive policies and foster a supportive environment for all employees. By collaborating with these organizations, companies can demonstrate their commitment to diversity and inclusion, impacting workplace culture and setting industry standards for equitable treatment. This alignment not only protects employee rights but also enhances the business's reputation as a socially responsible entity.

Join Us in the Fight 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
• 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.

Connect with an experienced LGBT discrimination lawyer near you in Brooklyn as soon as possible. Dial (212) 295-5828 or submit an online form.

Frequently Asked Questions about LGBT Discrimination

What Steps Should I Take If I Experience Discrimination?

If you suspect discrimination based on your sexual orientation, it’s crucial to document every incident meticulously. Keeping a detailed record of discriminatory actions, communications, and any witnesses can strengthen your position should you choose to pursue legal action. Next, report the behavior to your human resources department or a higher authority within your company. Many organizations have specific protocols in place to address and resolve such complaints internally.

If the matter does not get resolved internally, seek legal advice from an attorney experienced in employment discrimination. Legal experts can guide you through filing a complaint with the EEOC or a state agency and help you understand your rights under applicable laws. Taking these steps ensures that you are protected and that your workplace adheres to standards of equality and fair treatment.

How Do New York Laws Protect Against LGBT Discrimination?

New York has implemented robust laws to protect individuals against LGBT discrimination. The Sexual Orientation Non-Discrimination Act (SONDA) specifically addresses discrimination based on sexual orientation across various public and private domains, including employment. Additionally, the Gender Expression Non-Discrimination Act (GENDA) provides similar protections, targeting discrimination against transgender and gender-nonconforming individuals.

These laws overlap with federal protections such as those enforced by the EEOC, ensuring that New York residents benefit from comprehensive coverage against discriminatory practices. Furthermore, the New York City Human Rights Law extends these protections by prohibiting discrimination in additional areas, thereby serving as a vital resource for residents seeking fair treatment in everyday life.

What Are Common Signs of a Hostile Work Environment for LGBTQ Employees?

A hostile work environment can manifest through consistent, unwanted conduct related to someone's sexual orientation or gender identity. This includes derogatory remarks, isolation from team activities, and intentional misgendering by fellow employees or supervisors. Harassment does not always need to be overt—it can take more subtle forms, such as being routinely dismissed or undermined in professional settings.

Understanding these signs is essential for addressing and mitigating discrimination in the workplace. Employers have a legal obligation to maintain a respectful work environment free of bias. If you notice these issues persisting, report them through the appropriate channels within your organization. Remember, no one should have to tolerate such behavior, and seeking legal advice can provide avenues for resolution and accountability.

Why Is Legal Representation Important in Discrimination Cases?

Legal representation is crucial in discrimination matters to ensure individuals' rights are protected and appropriately advocated. Attorneys knowledgeable in employment law can decipher complex legal jargon, help gather compelling evidence, and develop a strategic response to protect your interests. They provide a voice for those who may feel overwhelmed by the legal system and help level the playing field between the employee and employer.

Employing professional legal assistance also helps manage any potential backlash or further complications that may arise during the process. With a dedicated attorney by your side, you can focus on healing and moving forward, while they handle the intricate aspects of your complaint, ensuring laws are enforced and justice is pursued.

Can I Take Legal Action for Past Discrimination?

Yes, legal action can be pursued for past discrimination, although it is typically subject to a statute of limitations. In New York, individuals may file a complaint with the New York State Division of Human Rights or pursue a lawsuit in court, provided it is within the appropriate timeframe. Time limits can vary depending on the jurisdiction and type of claim, so acting promptly is advisable.

Documenting the incidents thoroughly at the time they occur can significantly aid your legal proceedings. Witness statements, emails, and other evidence are crucial in establishing a pattern of discrimination. An attorney can help determine whether your situation qualifies for legal action and guide you on how to proceed effectively.

Contact New York City Sexual Orientation Discrimination Attorneys at Brown Kwon & Lam

No matter your race, sex, gender identity, sexuality, or age, you are legally entitled to a safe work environment. This includes having equal opportunities and rights within that environment. 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, contact Brown Kwon & Lam, LLP now.