Sexual Orientation Discrimination Lawyers

New York City Sexual Orientation Discrimination Attorneys

Trust in Our Sexual Orientation Discrimination Lawyer in NYC for Comprehensive Guidance

Sexual orientation discrimination in the workplace is when your employer treats you unfairly because of your actual or perceived 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.

Sexual orientation concerns who a person is attracted to, or is perceived to be attracted to. Gender identity concerns a person’s internal understanding of their gender, while gender expression concerns appearance, behavior, communication style, or other gender-related presentation. At Ricotta & Marks, P.C., our LGBT discrimination attorney in New York City can evaluate treatment involving transgender, non-binary, and gender non-conforming workers, including conduct based on an employer’s inaccurate assumptions about a person’s identity.

Call (917) 540-8565 or send us an email today to schedule your free initial consultation at our experienced New York City sexual orientation discrimination lawyer.

NYC Employment Discrimination Attorneys

“Their knowledge, commitment, and understanding of my situation has been exceptional.”
Due to a termination letter I received I needed clarification, consultation, and advice on how to move forward. Ricotta & Marks has definitely been the best place to be to help me through the law jargon. Thank you for having my best interests in mind.

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“Your legal assistance has empowered me and has helped restore my sense of dignity”
Dear Thomas and Stephen,
I’m writing this letter to express my deep gratitude for your efforts on my case.
Two years ago, I faced distressing and unjust treatment at my former job. I felt powerless to do anything. For several months, my attempts to find a lawyer were unsuccessful and many doors were closed in my face by firms that felt my case was too inconsequential to take on. In the face of discrimination at work, this process added to my discouragement and I learned the harsh reality of the legal system: not everyone can get help. Sometimes injustices slip through the cracks.
Thankfully, I did find a silver lining. You accepted my case and over many months patiently endured this legal process alongside me, sacrificing your time and effort to achieve a favorable outcome. Your legal assistance has empowered me, a person who has been marginalized systemically many times before, to believe that justice can prevail. It has helped restore my sense of dignity and reminded me that I don’t have to be afraid to stand up for myself. It has permanently changed my life for the better.
As you continue defending other client’s rights, I hope you know the powerful and positive impact you are creating in their lives. I wish you both many blessings and continued success in your legal work.
With the deepest gratitude,
Thank you very much.

Former client
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Examples of LGBT Workplace Discrimination & Retaliation

LGBT workplace discrimination can occur at any stage of employment. It may involve a denied job, promotion, training opportunity, benefit, or preferred assignment because of sexual orientation, gender identity, or gender expression.

Conduct that may raise concerns:

Harassment: Slurs, hostile comments, repeated misgendering, invasive questions, threats, or offensive remarks about an employee or the employee’s partner
Unequal Treatment: Different treatment in pay, evaluations, promotions, discipline, firing, or other employment conditions
Retaliation: Discipline, demotion, reduced hours, termination, or undesirable assignments after reporting discrimination or participating in an investigation

Case Illustration

A 2019 sexual orientation discrimination lawsuit resulted in a jury award approaching $20 million for a St. Louis police officer. This external Missouri matter alleged that the police department discriminated against the plaintiff, Sergeant Keith Wildhaber, due to his sexual orientation.

Allegations of Promotion Denials & Retaliation

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 23 promotions in six years. This 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.

Jury Award

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 & 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, gender identity, or gender expression. In addition, employers 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 orientation

The New York State Human Rights Law protects employees from discrimination based on sexual orientation, gender identity, and gender expression. The New York City Human Rights Law also addresses discrimination, discriminatory harassment, and retaliation involving these protected characteristics.

In New York City, retaliation protections can apply when a worker opposes an unlawful practice, files or supports a complaint, or participates in an investigation with a reasonable good-faith belief that the conduct is unlawful. A complaint with the New York City Commission on Human Rights generally must be filed within one year of the last discriminatory act, although gender-based harassment claims may have a three-year period. Court filing periods can differ based on the claim and forum.

How to Choose a Sexual Orientation Discrimination Lawyer in New York City

Understandably, you may have difficulty filling out the online form or explaining your case to the New York City Commission on Human Rights. The same applies if you are unsure whether your case qualifies as sexual orientation discrimination. Remember, these cases are time-sensitive, meaning filing deadlines can depend on the date of the last incident, the legal claim, and the forum where the matter is filed.

For this reason, you may want to start looking for an LGBT discrimination lawyer in New York City employees can consult about their rights and interests. You may begin by asking your family or colleagues if they know any good employment law attorneys.

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 evaluate the other party’s actions and potential legal options. Let’s discuss, in detail, the various ways such an attorney might be able to help.

Establish Whether You Have a Valid Case

An attorney can evaluate your case and assess whether the facts may show that the employer broke the law. If the facts support a claim of discrimination based on your sexual orientation, the attorney can explain options for proceeding with the case. Every case of discrimination in the workplace is unique. For this reason, you need someone who can review your case and provide clear legal guidance. A sexual orientation discrimination attorney can help you understand the process and your potential options.

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. Employers may cite inadequate qualifications or another business reason for an employment decision rather than the individual’s sexual orientation.

Relevant employment discrimination evidence can include emails, messages, evaluations, schedules, pay records, job postings, witness information, internal complaint records, and documentation of adverse actions. Employees should preserve relevant records and avoid deleting messages or documents connected to workplace events.

In addition, since it is unlawful in New York City for employers to discriminate against job seekers or employees based on their sexual orientation, an attorney can investigate whether the stated reason for an employment decision is consistent with the available evidence.

Evaluate Potential Remedies

You may not know what compensation or other remedies may be available for sexual orientation discrimination without the help of an attorney. Potential remedies vary by claim and may include lost wages, emotional-distress damages, reinstatement or other employment remedies, punitive damages where available, and legal fees.

Our Settlements & Verdicts

$15 MIL Plaintiff on Bianco v. Flushing Hospital Medical Center
$1 MIL Olsen, et al. v. The County of Nassau, et al.
$875K Wallace v. Suffolk County Police Department
$523K Penniston v. The New York City Department of Education
Norton v. Town of Islip UFSD, 011 U.S. Dist
Green v. City of New York 2010 U.S. Dist.

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How Ricotta & Marks, P.C. Can Help in NYC LGBT Discrimination Claims

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.

We have more than 35 years of combined experience representing employees in employment-law matters. We maintain responsive communication, prepare cases as if they may proceed to trial, and work on a contingency-fee basis, so we do not collect attorney’s fees unless we recover compensation for the client.

Give us a call at (917) 540-8565 or fill out our online contact form to request to speak with a sexual orientation discrimination attorney in NYC who can fight for your rights and interests.

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