Protecting the Rights of Gays, Lesbians
and Transgender People in New York
Our state is unusual in that it has been fairly proactive in providing protections for people who are gay. The realization that if people are driven out of their current jobs, certain fields will become primarily or exclusively “gay professions” and will damage the community as a whole has caused the promotion of laws to protect gay people from harassment and discrimination in the workplace.
At Ricotta & Marks, P.C., our Queens sexual orientation discrimination attorneys are compassionate and results-focused advocates for LGBTQ employees. You deserve safe, fair conditions in the workplace—and your sexual orientation should never be used as the basis for discrimination, mistreatment, or harassment. If you or your loved one was the victim of sexual orientation discrimination in New York, please call us at 347-464-8694 or contact us online to schedule your free initial appointment.
We Handle the Full Range of Workplace Discrimination Claims
Workplace discrimination claims are notoriously complex. One of the many challenges is that discrimination can be subtle as well as overt. You may have been the victim of sexual orientation discrimination based on outright, straightforward illegal actions by a supervisor or, alternatively, you may have been forced to endure a pervasive, day-after-day hostile work environment that makes it impossible for you to feel comfortable and thrive in the workplace. At Ricotta & Marks, P.C., we handle all types of sexual orientation discrimination claims—from hostile work environments to wrongful terminations.
If you have been passed over more than once for promotion when less qualified, straight people have not, or if you’ve been written up for seemingly minor or nonexistent things, these may be discriminatory behaviors and are actionable. What’s more, if you file a complaint with your human resources department and then are called on the carpet for it by your supervisor, or receive retaliation in some other way, this is also illegal. If you’ve experienced this, it’s time to call a lawyer. Sexual orientation discrimination and retaliation for reporting the mistreatment are both illegal.
Sexual Orientation Discrimination: Know Your Rights Under the Law
In New York, employees have strong protections against sexual orientation discrimination. LGBTQ discrimination in the workplace may be a violation of local, state, and federal law. More specifically, you may have a sexual orientation claim that arises under any of the following:
- New York State Law: Under the Sexual Orientation Non-Discrimination Act (SONDA), employment discrimination is strictly prohibited based on actual or perceived sexual orientation. You should never be treated worse than a heterosexual or heterosexual-presenting employee.
- Local Law: In some jurisdictions, local laws provide additional protection to LGBTQ employees. As an example, Title 8 of the Administrative Code of the City of New York makes sexual orientation a protected class and bars discrimination based on gender identity.
- Federal Law: In the June 2020 case of Bostock v. Clayton County, the Supreme Court of the United States determined that discrimination based on sexual orientation is, by definition, a form of sex-based discrimination. As such, it is unlawful under Title VII of the Civil Rights Act of 1964.
The bottom line is that any action against you in the workplace that is motivated by your sexual preference is a reason to call our law firm. Do not assume that you are without rights or that your case is “not enough” to warrant taking legal action. Workplace discrimination based on LGBTQ status is against the law. You always have the right to consult with an experienced attorney. We offer a free consultation, so come in, tell us your story and we can tell you whether or not you have a case. We do this for the protection of everyone’s rights. We believe in what we fight for.
Queens and Long Island
Labor Employment Lawyers in Queens and Long Island
Advocating on Behalf of
At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:
Under Title VII, all religious must be treated equally. If a Christian employee is permitted to take time off to attend a special church service, a Wiccan or Jewish employee must have the same right.
Hostile Work Environment
The law narrowly defines a hostile work environment as one in which the hostility relates to some form of discrimination. Some examples of what the law considers to be contributing factors to a hostile work environment include: