Sexual Orientation Discrimination Lawyers
New York City is home to one of the highest LGBTQ populations in the country, which make up a considerable part of the city’s workforce. For this reason, cases of sexual orientation discrimination in the workplace are not uncommon in this part of the country. Similarly, it’s also not unusual to come across numerous sexual orientation discrimination lawyers or law firms in NYC claiming to provide the best legal representation for such individuals.
What is Sexual Orientation Discrimination?
Sexual orientation discrimination in the workplace is when your employer treats you unfairly because of your sexual orientation. What most people do not realize in these situations is that the treatment does not need to be intentional to qualify as sexual orientation discrimination. It only needs to violate a rule or policy based on sexual orientation.
A recent sexual orientation discrimination lawsuit resulted in a shocking $20 million settlement for a St. Louis police officer. The lawsuit alleged that the police department discriminated against the plaintiff, Sergeant Keith Wildhaber, due to his sexual orientation.
The plaintiff had filed an official complaint with the Equal Employment Opportunity Commission and the Missouri Commission on Human Rights in 2016. According to the lawsuit, the police department denied him more than 23 promotions in six years. The denial was despite the fact that the Sergeant had over 15 years of experience, numerous positive reviews, and a clean record.
After filing a complaint against the police department, Wildhaber was transferred from working his regular day shift in a precinct near his home to an overnight shift in a precinct located 27 miles away from his home. This was a case of employee retaliation.
After the hearing, the jury awarded the plaintiff $1.98 million in actual damages following the sexual orientation discrimination case and $10 million in punitive damages.
The jury then awarded the plaintiff $990,000 in actual damages for the employer retaliation case and $7 million in punitive damages.
Worker Rights and Protections Against Sexual Orientation Discrimination in New York City
In New York City, employers cannot discriminate against their employees due to the latter’s actual or perceived sexual orientation. In addition, workers cannot retaliate against employees for complaining about sexual orientation discrimination in the workplace. More specifically, here are examples of things employers cannot do based on your sexual orientation:
- Demote you
- Discipline you because of blowing the whistle about sexual orientation mistreatment in the workplace
- Give you work assignments that make it impossible for you to perform your duties due to your sexual orientation
- Deny you the benefits you may be entitled to due to your sexual orientation
- Exclude you from training and other significant events or meetings due to your sexual orientatio
How to Choose a Sexual Orientation Discrimination Lawyer in NYC
Understandably, you may have difficulty filling out the online form or explaining your case to the CHR. The same applies if you are unsure whether your case qualifies as sexual orientation discrimination. Remember, these cases are time-sensitive, meaning you must file a complaint within a particular time frame from the date of the last incident of sexual orientation discrimination.
For this reason, you may want to start looking for experienced sexual orientation discrimination lawyers in New York to fight for your rights and interests. You may begin by asking your family or colleagues if they know any good employment law attorneys. Alternatively, ask your attorney friends, if any.
Ricotta & Marks P.C. is the best employment law firm in New York City if you are looking for seasoned sexual orientation discrimination attorneys in this city.
Here are some important questions to ask during the initial consultation with the sexual orientation discrimination lawyers:
- What is their experience dealing with sexual orientation discrimination cases?
- How long have they been practicing employment law in New York City?
- What do they think about your case?
- How equipped are they to handle your sexual orientation discrimination case?
Why You Need a Sexual Orientation Lawyer
If you or a loved one has been discriminated against for sexual orientation reasons, an attorney can help you hold the other party accountable for their actions. Let’s discuss, in detail, the various ways such an attorney might be able to help.
Establish Whether You Have a Valid Case
A seasoned attorney will evaluate your case and establish whether the employer broke the law. If determined that it was a case of discrimination based on your sexual orientation, the attorney will advise you on how to proceed with the case.
Collect Evidence to Support the Case
Although it is illegal for employers or colleagues to discriminate against an employee or job applicant due to their sexual orientation, some do it anyway. This is because sexual orientation discrimination cases are complex. For example, the law allows employers to choose certain employees due to their sexual orientation under unique circumstances.
A good example is when an employer needs to hire a job candidate with experience working with the LGBTQ community. For this reason, the employer might prefer a candidate who is a member of the LGBTQ community to play a certain role either internally or externally.
In addition, since it is unlawful in New York City for employers to discriminate against job seekers or employees based on their sexual orientation, some employers might cite inadequate qualifications as the reason for their employment decision but not the individual’s sexual orientation. It takes the experience of a sexual orientation discrimination attorney to investigate such claims and collect significant evidence against the other party.
Provide Important Legal Advice
Every case of discrimination in the workplace is unique. For this reason, you need someone who can review your case and provide the best possible advice. Again, a sexual orientation discrimination attorney can help you with this.
Calculate a Favorable Settlement
You may not know how much you may be entitled to as compensation for sexual orientation discrimination without the help of an experienced attorney. Similarly, you should not expect your employer to inform you that you may be entitled to compensation and the exact amount.
How R&M Can Help
Ricotta & Marks P.C. is the employment law firm to contact if you need to speak with experienced sexual orientation discrimination attorneys in New York. Our lawyers are uniquely qualified and equipped to handle these types of cases all over New York, including Queens, Long Island City, Carle Place, Astoria, Bronx, Flushing, Jamaica, NY, Great Neck, Brooklyn, Nassau County, Suffolk County, and the surrounding areas.
Give us a call at 347-960-4383 or fill out our online contact form to request to speak with a sexual orientation discrimination attorney who will fight for your rights and interests.