Sexual Orientation Discrimination Lawyer in New York
The Law Office of Joseph F. Kilada represents employees who have experienced sexual orientation discrimination in the workplace, including discrimination based on actual or perceived sexual orientation.
Employees should not have to fear being fired, denied a promotion, paid less, harassed, or otherwise treated unfairly because they are gay, lesbian, bisexual, heterosexual, asexual, or perceived to have a particular sexual orientation.
If you believe you have experienced sexual orientation discrimination at work, you may have rights under federal law, the New York State Human Rights Law, and, depending upon where you work, the New York City Human Rights Law.
What Is Sexual Orientation Discrimination?
Sexual orientation discrimination occurs when an employer treats an employee or job applicant differently because of the person’s actual or perceived sexual orientation.
Discrimination can occur in hiring, termination, compensation, promotions, job assignments, discipline, training, benefits, and other terms and conditions of employment.
New York’s Sexual Orientation Non-Discrimination Act (SONDA) protects individuals from discrimination based on actual or perceived heterosexuality, homosexuality, bisexuality, or asexuality. (New York State Attorney General)
Sexual orientation discrimination can also involve an employee’s relationship or association with someone of a particular sexual orientation.
Is Sexual Orientation Discrimination Illegal Under Federal Law?
Yes.
Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating because of sex. In Bostock v. Clayton County, the U.S. Supreme Court held that discrimination because of sexual orientation constitutes discrimination because of sex under Title VII.
The EEOC recognizes sexual orientation discrimination as sex discrimination prohibited by federal law. Title VII protections can apply to hiring, firing, compensation, promotions, job assignments, training, benefits, and other terms and conditions of employment. (EEOC)
What Does New York Law Say About Sexual Orientation Discrimination?
New York provides specific protections against employment discrimination based on sexual orientation.
SONDA amended New York law to prohibit discrimination based on actual or perceived sexual orientation in employment and other areas covered by the law. New York’s Human Rights Law also protects employees from employment discrimination based on sexual orientation. (New York State Attorney General)
Employees working in New York City may have additional protections under the New York City Human Rights Law.
Because federal, state, and local laws can have different requirements, deadlines, and remedies, the laws applicable to a particular employment dispute should be evaluated based on the specific circumstances.
What Are Examples of Sexual Orientation Discrimination at Work?
Sexual orientation discrimination is not always obvious. Examples may include:
- Refusing to hire someone because of sexual orientation;
- Firing an employee because the employee is gay, lesbian, or bisexual;
- Denying a promotion or important assignment;
- Paying an employee less because of sexual orientation;
- Treating an employee differently from similarly situated coworkers;
- Denying workplace opportunities because of an employee’s same-sex relationship;
- Making derogatory comments, jokes, or slurs;
- Excluding an employee from workplace opportunities or activities;
- Subjecting an employee to sexual orientation harassment; or
- Retaliating against an employee who complains about discrimination.
Not every unfair employment decision constitutes unlawful discrimination. The facts and circumstances surrounding the decision are important.
Can I Be Fired or Denied a Promotion Because of My Sexual Orientation?
Generally, an employer covered by applicable anti-discrimination laws cannot fire an employee or deny a promotion because of sexual orientation.
Evidence that may be relevant includes discriminatory statements, changes in treatment after an employer learns of an employee’s sexual orientation, inconsistent explanations for an employment decision, unequal treatment of similarly situated employees, and suspicious timing.
Performance evaluations, qualifications, communications from supervisors, and changes in job responsibilities may also be important when evaluating a potential claim.
Can an Employer Discriminate Against Me Because of My Same-Sex Relationship?
Potentially, no. An employer may not be permitted to treat an employee unfavorably because of the employee’s sexual orientation or circumstances connected to that protected status.
For example, discrimination may involve treating an employee differently after learning about a same-sex spouse or partner, denying an employment opportunity because of a same-sex relationship, or making derogatory comments about the relationship.
The specific facts and applicable law determine whether conduct is unlawful.
What Is Sexual Orientation Harassment?
Sexual orientation harassment may constitute unlawful employment discrimination.
Harassment can include offensive comments, insults, jokes, stereotypes, slurs, or other unwelcome conduct directed at an employee because of actual or perceived sexual orientation.
Harassment may come from a supervisor, coworker, or, depending upon the circumstances, another person in the workplace. New York recognizes harassment based on sexual orientation as workplace discrimination. (New York State Attorney General)
Can Sexual Orientation Discrimination Occur During Hiring?
Yes. Discrimination can occur before an employee is even hired.
An employer may violate applicable law by refusing to interview or hire an otherwise qualified applicant because of the applicant’s actual or perceived sexual orientation.
Discriminatory questions, statements, assumptions, or treatment during the hiring process may be relevant to a potential employment discrimination claim. (EEOC)
Can My Employer Retaliate Against Me for Complaining About Sexual Orientation Discrimination?
Generally, employees are protected from retaliation for engaging in legally protected activity.
Protected activity may include complaining about discrimination, reporting harassment, filing a discrimination charge, opposing unlawful discriminatory conduct, or participating in an investigation or proceeding.
Potential retaliation may include:
- Termination;
- Demotion;
- Discipline;
- Reduced hours;
- Unfavorable assignments;
- Increased scrutiny; or
- Denial of employment opportunities.
If your treatment at work changed after you complained about sexual orientation discrimination, the timing and circumstances may be important. Federal and New York law provide protections against retaliation for protected activity. (EEOC)
How Do I Prove Sexual Orientation Discrimination?
There is no single type of evidence required in every sexual orientation discrimination case.
Potential evidence may include emails, text messages, performance evaluations, disciplinary records, compensation information, employment policies, witness testimony, and communications with supervisors or human resources.
Discriminatory comments, changes in treatment, inconsistent explanations for an employment decision, and evidence that similarly situated employees were treated differently may also be important.
Can I File an EEOC Charge for Sexual Orientation Discrimination?
Potentially, yes. Because sexual orientation discrimination is covered by Title VII, an employee may have the right to file a Charge of Discrimination with the EEOC.
EEOC filing deadlines are important and can vary depending upon the circumstances, location, type of claim, and other factors. The EEOC currently identifies a general 180-day federal filing period that may be extended in certain circumstances. (EEOC)
New York employees may also have rights under New York State and New York City anti-discrimination laws, which can involve different administrative requirements and deadlines.
Because missing an applicable deadline can affect a potential claim, employees should consider obtaining legal advice promptly.
What Should I Do If I Experience Sexual Orientation Discrimination?
If you believe you have experienced sexual orientation discrimination at work:
Document what happened. Keep a record of significant incidents, including dates, locations, individuals involved, and what was said or done.
Preserve relevant evidence. Keep emails, text messages, employment documents, performance evaluations, and other communications that you are lawfully permitted to retain.
Identify witnesses. Make a list of people who may have witnessed discriminatory treatment or have relevant information.
Pay attention to deadlines. Employment discrimination claims can have important administrative and litigation deadlines.
Consider legal advice. An employment attorney can evaluate whether you may have claims under federal, New York State, or local law and explain your potential options.
Where Does the Law Office of Joseph F. Kilada Handle Sexual Orientation Discrimination Cases?
The Law Office of Joseph F. Kilada represents employees throughout New York City and Long Island, including:
- Manhattan
- Brooklyn
- Queens
- The Bronx
- Staten Island
- Nassau County
- Suffolk County
The firm has offices in Garden City and Penn Plaza in Manhattan and serves employees throughout the New York metropolitan area and communities across Long Island.
The firm represents employees in matters involving sexual orientation discrimination, LGBTQ workplace discrimination, sexual orientation harassment, retaliation, wrongful termination, sex discrimination, and other employment disputes.
If you believe you were fired, denied a promotion, paid less, harassed, treated differently, or otherwise discriminated against because of your sexual orientation, contact the Law Office of Joseph F. Kilada to discuss your circumstances and potential legal options.
This information is provided for general informational purposes and is not legal advice. Employment discrimination laws can change, and the outcome of any particular matter depends upon the specific facts and Applicable law.