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Transgender

Transgender

Transgender Discrimination and Harassment

Transgender men and women face some of the most daunting challenges in the workplace—largely because many of the rules protecting transgender individuals are still being formed. Many lawyers do not handle cases involving transgender issues, but at Ricotta & Marks, P.C., we do.

Though transgender discrimination is an evolving area of the law, it does not mean that you as a transgender individual do not have rights. You do. Our lawyers are dedicated to enforcing them.

At Ricotta & Marks, P.C., our Queens transgender discrimination attorneys are committed to advocating for fairness in the workplace—for everyone. You should not be treated differently because of your gender identity. If you faced employment discrimination based on actual or perceived transgender status, we can help. Call our law firm today to set up a strictly confidential consultation with an experienced workplace discrimination lawyer.

Transgender Discrimination: Know Your Rights Under the Law

For too many years, transgender and gender nonconforming people lived outside of the protection of workplace discrimination laws. Thankfully, things are changing for the better and our laws (and our courts) are recognizing basic humans rights, with the Supreme Court just recently holding that federal anti-discrimination laws cover members of the LGBTQ community. That being said, workplace discrimination still remains a very serious problem.

Transgender individuals often face the same forms of harassment and discrimination that cisgendered people face, including sexual harassment, sexual orientation discrimination, gender stereotyping and gender discrimination. Of course, transgender and gender non-binary people also face some unique challenges in the workplace. Other issues that transgender workers might encounter include:

  • Unfair workloads
  • Bad performance reviews that are unwarranted
  • Dress code issues
  • Restroom issues
  • Harassment
  • Physical requirements, particularly for police officers and fire fighters

As of June 2020, you are protected against transgender discrimination under both state and federal regulations. You may also be protected under local laws. To start, New York’s Sexual Orientation Non-Discrimination Act (SONDA) and the state’s human rights code collectively prohibit discrimination based on gender identity.

Additionally, in June of 2020 (Bostock v. Clayton County), the Supreme Court of the United States clarified that transgender discrimination is inherently a form of sex-based discrimination—meaning it is barred by Title VII of the Civil Rights Act. Finally, municipalities, including New York City, provide additional, stronger protections to transgender people.

Queens and Long Island

Labor Employment Lawyers in Queens and Long Island

Advocating on Behalf of
Employees

At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:

Harassment

According to the NY Department of Human Rights, employers can be held responsible for sexual harassment in the workplace in the following circumstances:
If the harassment was the fault of a co-owner, manager, or supervisor the employer is responsible, regardless of whether or not they knew it was occurring
If the harassment occurred among regular employees, the employer can be held responsible if they knew about it, should have known about it, or failed to have a sexual harassment policy in place.
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Employee Discrimination

Our lawyers are prepared to represent clients who face any type of employment discrimination such as:
Gender discrimination
Marital status discrimination
Pregnancy discrimination and FMLA violations
Sexual orientation discrimination, including transgender discrimination and harassment
Age discrimination
Race or national origin discrimination
Disability discrimination
Religious discrimination
Criminal record discrimination
Violations of the Genetic Information Nondiscrimination Act (GINA)
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Wage & Hour Disputes

We handle many cases that involve wage and hour disputes, including people in certain industries who often fall victim to these situations as well as instances involving:
Unpaid overtime
Under-the-table compensation
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Education Law

New York City teachers face challenges inside and outside the classroom. When they face the possibility of losing their jobs, they deserve representation by experienced attorneys.

At Ricotta & Marks, P.C., employment law is our sole focus. We have represented teachers facing a broad spectrum of legal issues and we are committed to protecting teachers’ rights. To learn more, please do not hesitate to contact us and schedule a free initial and confidential consultation at our Queens or Long Island offices today.

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Wrongful Termination

Even in an ‘At Will’ Work Situation, You Have the Right to Work. Employers will always claim that they had a valid reason to lay off or fire an employee. But in many circumstances, this is just disguised discrimination of one form or another. Continued employment and advancement is frequently based on performance reviews. If you have a perfect record, then suddenly go from perfect to pariah, it may be a case of your supervisor or employer giving a negative review in order to have an excuse to remove you from your position or deny a promotion.

Sometimes these “Jekyll and Hyde” switches occur because a superior learned something about a subordinate that then caused him or her to have a negative bias, like the employee was of a certain religion or sexual orientation. Sometimes the reason is more obvious, like a bias against people of a certain race, being male or female, a woman becoming pregnant or people with disabilities.

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Other Employment Law Issues

As a full-service employment law firm, we can also help you with:
Labor and union representation
Mediation and arbitration matters
Employment contract negotiations and matters
Employer defense
Our New York employment attorneys are dedicated to ensuring that all workers have the opportunity to pursue successful careers, and experience workplaces that are free of harassment or other situations that create tension.
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Transgender Harassment in the Workplace: What You Should Know

Some people incorrectly assume that they are prevented from bringing a discrimination claim simply because they have not been fired or demoted. This is a misconception. State and federal regulations protect employees from harassment in the workplace. As defined by the EEOC, harassment occurs when a person has been made to feel unsafe or unwelcome because of severe or pervasive mistreatment based on a protected characteristic. The requirements for establishing a claim of harassment, or hostile work environment, are even less stringent if you work in Queens, Manhattan, Brooklyn, Bronx, or Staten Island.

Harassment of transgender workers can be quite severe, but you do not need to battle it alone. You have the right to work in an environment that is free of harassment. Our attorneys will take action to ensure that your right to a harassment-free workplace is respected. We will take forceful action to protect your rights. If you were a victim of harassment in the workplace based on your gender identity, our New York LGBTQ employment rights lawyers are standing by, ready to help.

Why Rely On Our Queens & Long Island Transgender Discrimination Lawyers

Transgender discrimination claims are complex legal cases. Sadly, workplace protections for transgender, non-binary, and gender nonconforming people have only recently been developed and enforced. At Ricotta & Marks, P.C., we are committed to fighting for fairness and equality in the workplace. Among other things, our New York transgender discrimination attorneys are prepared to:

Listen to your story, answer your questions, and explain your rights;
Investigate the matter—gathering supporting evidence; and
Take the proper legal action to get you justice and the best outcome.

You deserve fully personalized representation from an experienced employment discrimination attorney. We know that every case carries its own unique set of facts and circumstances—and we know that discrimination and harassment can come in many different forms. We are ready to take your case wherever it needs to go to protect your rights and get you results.

Call Our New York City Transgender Discrimination Attorney Today

At Ricotta & Marks, P.C., our New York workplace discrimination lawyers have the skills and experience to represent transgender and gender-non confirming employees. We will protect your rights. If you have been harassed, passed over for a promotion or fired because you are transgender, contact our legal team Ricotta & Marks, P.C. Call 347-727-0661 to speak to one of our attorneys. From our offices in Jackson Heights, Queens, and Carle Place, Long Island, we serve clients throughout New York State.

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Ricotta Marks

Ricotta & Marks, P.C.

We understand that your situation is urgent. Our New York employment discrimination attorneys will respond to your questions and concerns as quickly as possible.

Contact Our Office347.464.8694