While our community generally discourages and combats discrimination, such as ageism and racism, few groups find themselves so openly and frequently subjected to discrimination as those of us who are lesbian, gay, bisexual, and/or transgender (LGBT). From being denied services to being illegally denied marriage licenses, our society finds itself still battling the same injustices, but with new targets.
With federal statutes not directly addressing this type of discrimination, many employers may assume that it is permissible or even acceptable to discriminate against the LGBT. While the EEOC takes the position that the federal prohibition against gender discrimination includes transgender, and some federal courts have agreed, the federal law as applied in New York is not yet clear.
In New York, however, state and local human rights laws strongly and directly condemn and prohibit discrimination and harassment in the workplace based on sexual orientation and transgender discrimination. All LGBT workers in New York State who have suffered on-the-job discrimination have recourse, and the recourse for transgender persons is even clearer in NYC. Our Award-Winning New York Employment Attorney has counseled and advised clients with regard to sexual orientation discrimination claims in the workplace and is ready to speak with you about your employment discrimination concerns.
As we have detailed previously, federal, state, and local laws prohibit discrimination against any protected class (including but not limited to age, race, disability, and religion) in employment. Types of prohibited activity include:
• Employers cannot refuse to hire based on a protected class;
• Employers cannot terminate employees once they become aware (or believe a person to be) of their protected class;
• Employers cannot offer substandard/different terms and conditions of employment because of and employees protected class; and
• Employers cannot harass, mock or badger employees due to their protected class.
The same protections are expressly provided for in state and local laws prohibiting discrimination based on sexual orientation and gender identity/expression.
New York’s state and local discrimination laws also bar the creation and the failure to remedy a hostile work environment. Employers may be strictly liable for discrimination and harassment perpetrated by supervisors–and may also be liable for such action by lower level employees if there is evidence that the employer did not address the issue.
The law of employment discrimination based on LGBT status is likely to undergo significant changes in the coming years. Our knowledgeable employment discrimination lawyers remain apprised of all the latest developments. Call our award-winning employment attorney if you feel you have been denied employment, terminated or harassed at work because of your LGBT status. We will listen to your story and determine if you have a legal claim and present you with your options.
Disclaimer: Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced attorney in your state or jurisdiction. From time to time, a blog post may discuss a legal case – please note that the post may not contain the most to update information on the case as developments may have occurred after it was created.