Well-Respected New York Employment Lawyers Protect the Rights of LGBT Individuals in the Workplace

You have the right to be treated equally regardless of sexual orientation

Despite recent advancements in marriage laws and benefits, members of the LGBT community experience workplace discrimination on a far too regular basis. If you have been discriminated against because of your sexual orientation, it is important to know that you have legal recourse. It is also important to know that you are not alone in your fight.

At Hepworth, Gershbaum & Roth, our New York employment lawyers provide experienced representation to LGBT clients throughout the New York City area. Our commitment to protecting victims of discrimination of all kinds drives us to provide the aggressive, yet compassionate guidance you need to combat discriminatory practices.

Individuals of all sexual orientations are protected in the workplace

Whether you are gay, straight, bisexual, transgender or of other orientation, you are protected against discriminatory treatment in the workplace. This means that an employer cannot make hiring or firing decisions bases on any factor relating to sexual orientation.

State and federal laws specifically prohibit discrimination against an individual based on:

• That individual’s own sexual orientation: Your own personal sexual orientation is just that, personal. An employer who considers your sexual orientation during the hiring process or throughout your employment is in violation of state and federal guidelines.

• Affiliation with LGBT groups: Individuals who work or maintain affiliation with LGBT groups cannot have that factor used against them in the workplace. In essence, volunteering at an LGBT event or participation in an LGBT sponsored event cannot be considered by an employer.

• Support of LGBT lifestyles: An individual’s personal support or non-support of the LGBT community cannot be considered by an employer. Regardless of your own sexual orientation, you have the right to support any lifestyle without fear of reprisal from an employer.

It is important to note that sexual discrimination laws protect individuals of all sexual orientations from harassment or ridicule from others in the workplace.

What workplace actions are prohibited by law?

There are several actions and policies that are prohibited by sexual orientation discrimination laws. These actions include:

• Refusal to hire an individual due to their sexual orientation

• Terminating an individual upon discovery of their sexual orientation

• Offering reduced wages or benefits because of an individual’s sexual orientation

• Harassment or ridicule of an individual based on their sexual orientation

Are there exceptions to these laws?

Unlike other protected classes, protection against sexual orientation discrimination is not guaranteed in every situation. At this time, religious-based organizations, including charities and educational institutions, may have the ability to deny or terminate employment based on an individual’s sexual orientation. The exception was put in place to allow these organizations to protect their religious beliefs.

With that said, the wording of the exception is vague and difficult to argue in court. This means that if you feel you have been discriminated against by a religious organization, you may still have legal recourse.

How do I prove my case?

In any discrimination case, understanding your legal options and the strength of the charges can be difficult. Since proving discrimination is often a matter of producing circumstantial evidence or recreating discussions, the process of proving your case can be challenging. However, demonstrating a pattern of discrimination, or producing witnesses to the discrimination is an effective method of proving your case.

In any event, discussing your situation with an attorney capable of mounting an effective discovery is key.

Contact our New York employment lawyers for advice on your specific concerns

At Hepworth, Gershbaum & Roth, we know that sexual orientation discrimination is a sensitive topic. We also know that being the victim of such discrimination is a demeaning and sometimes frightening experience. Our new York employment law attorneys work diligently to provide the legal support you need to end your mistreatment and obtain justice.

To discuss your specific sexual orientation discrimination concerns, contact us online or call 212-545-1199 today. Our New York employment law attorneys offer free initial consultations to give you the opportunity to discuss your case in a safe and informative environment.