Have You Experienced Sexual Orientation Discrimination At Work? We Can Help.
Bias can impact workers of all sexual orientations, but you do not have to face this mistreatment alone. Our experienced employment law attorneys at Fisher | Taubenfeld LLP, can help you file a claim and pursue the fair treatment you deserve in a New York or New Jersey workplace.
Employees Have A Legal Right To Fair Treatment
Federal laws, primarily through Title VII of the Civil Rights Act of 1964, protect individuals from discrimination based on sexual orientation. The U.S. Supreme Court later clarified that these protections extend to sexual orientation, meaning employers cannot treat LGBTQ+ employees unfairly due to their sexual orientation.
State and local laws also play a crucial role in protecting against sexual orientation discrimination, with some states offering even broader protections.
New York’s Human Rights Law prohibits discrimination based on sexual orientation in employment, housing and public accommodations. This state law covers more employers and offers additional safeguards beyond those provided federally. Laws in New Jersey and New York City also provide important protections to individuals regarding this form of discrimination.
Together, federal, state and city laws work to ensure that everyone receives equal treatment, regardless of their sexual orientation, fostering a fair and inclusive environment in workplaces and communities.
The Rights Of Employees
Employees have the right to be free from discrimination based on sexual orientation during the hiring process. Employers must evaluate candidates based on their skills, experience and qualifications, not their sexual orientation. This means job opportunities should be equally accessible to everyone, ensuring that LGBTQ+ individuals have the same chance to secure employment as others.
When it comes to promotions, employees should have equal opportunities to advance in their careers, regardless of their sexual orientation. Employers must base promotion decisions on performance, contributions and qualifications, not biases or stereotypes.
In the workplace, employees have the right to be treated fairly and with respect, regardless of their sexual orientation. This includes protection from harassment, derogatory comments, or unfair treatment by coworkers or supervisors. Employers should foster a positive work environment where diversity is celebrated and discrimination is not tolerated.
Examples Of Sexual Orientation Discrimination
Recognizing the forms that discrimination can take is the first step employees must take when fighting for fair treatment in the workplace. Some examples include:
- Unequal hiring practices based on sexual orientation: Employers may reject candidates or prefer others because of their sexual orientation, regardless of qualifications.
- Differential treatment in promotions or raises: Employees might be passed over for promotions or receive smaller raises simply due to their sexual orientation.
- Hostile work environment due to jokes or derogatory comments: Persistent jokes or offensive remarks about someone’s sexual orientation can create a toxic and uncomfortable work atmosphere.
- Denial of benefits to same-sex couples: Employers may refuse to extend spousal benefits, such as health insurance, to same-sex partners.
- Retaliation for reporting discrimination: Employees who report discrimination may face illegal punishments like demotion or termination.
- Unfair disciplinary actions compared to others: Employees may receive harsher punishments for minor infractions because of their sexual orientation.
- Exclusion from work-related events or activities: Employees might be deliberately left out of meetings, social events or team activities due to their sexual orientation.
- Biased performance evaluations due to sexual orientation: Supervisors might unfairly rate an employee’s performance lower because of their sexual orientation.
Even if an employer’s perception of an employee’s sexual orientation is incorrect, the employer may be liable for discrimination if it perceives the employee to have a certain sexual orientation and treats the employee differently or discriminates against the employee because of it.
Reporting Sexual Orientation Discrimination
If you experience sexual orientation discrimination at work, take action by following a few important steps. First, document everything. Write down what happened, including dates, times, locations and people involved. This information can help you later if you decide to take legal action. Keep any emails, messages or other evidence that shows the discrimination.
Next, report the discrimination to your human resources department or a manager. Explain what happened and provide your evidence. Many companies have policies and procedures for handling discrimination complaints, and they may investigate the issue. If the company does not take your complaint seriously or if the discrimination continues, you can consider taking legal action.
To pursue legal action, contact an employment lawyer who knows about discrimination cases. They can help you understand your rights and guide you through the legal process. You might also file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights. These organizations can investigate your complaint and take action.
Reach Out To Fisher | Taubenfeld LLP Today
Your journey toward fair treatment can begin with a phone call with an experienced New Jersey or New York workplace discrimination lawyer from Fisher | Taubenfeld LLP. Contact us online or call 646-741-3490 schedule a consultation with our team. Consultations are free and confidential.