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Brooklyn Sexual Orientation Discrimination Attorney

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Your sexual orientation should not act as a barrier for you to work. However, our heteronormative society sometimes allows employers to intentionally or subconsciously treat people differently because of their orientation. Naidich Law can protect your rights and demand that you be treated fairly and in accordance with the law. Our Brooklyn sexual orientation discrimination attorney dedicates his practice to helping employees and applicants who have been harmed by employers’ bad conduct. Contact us today to find out about your rights and how we can protect them.

What Is Sexual Orientation Discrimination?

For many years, sexual orientation discrimination was not recognized by the Equal Employment Opportunity Commission (EEOC) as a form of sex discrimination. Therefore, employers were permitted to refuse to hire, fire, or otherwise treat individuals differently because of their actual or perceived sexual orientation. This is no longer the case, as the EEOC recognizes that discriminating against a worker based on who they have sex with is, in fact, sex discrimination.

New York’s Human Rights Law also prohibits discrimination in the workplace based upon a person’s actual or perceived sexual orientation. It defines the term sexual orientation as “heterosexuality, bisexuality, or asexuality, whether actual or perceived.”

In 2019, the Human Rights Law was amended to include gender identity and expression as a protected category. Gender identity or expression is defined as “A person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic” regardless of the person’s sex assigned at birth. This includes the status of being transgender.

Sexual orientation or gender identity discrimination occurs when an employer makes an adverse decision or action against an employee or applicant based on this protected status. This could include:

  • Refusing to hire the person
  • Refusing to promote the person
  • Firing the person
  • Demoting the person
  • Not offering the same training opportunities as those offered to similarly situated individuals
  • Permitting the person to be harassed
  • Otherwise altering the terms or conditions of employment

These actions must be directly linked to the person’s protected status. Treating a person differently because they do not conform to typical gender stereotypes is also a form of discrimination.

Legal Options for Resolving Sexual Orientation Discrimination

You may have various legal options for resolving discrimination you are encountering in the workplace. You may be able to file a complaint against your employer that can lead to better treatment of you and similarly-situated workers in the workplace, as well as additional compliance training. You could be able to mediate a resolution that meets your needs or take your employer to arbitration to have an impartial arbitrator or panel decide the outcome of your case. Litigation could be another pathway to securing your desired outcome.

You could be entitled to various forms of relief and compensation through an employment claim, such as:

  • Reinstatement
  • Backpay
  • Lost wages
  • Emotional hardship
  • Legal costs and fees
  • Punitive damages

An experienced Brooklyn sexual orientation discrimination attorney can review your case and guide you through the process of seeking justice and accountability for the mistreatment you have endured.

Call for a Free, No-Obligation 30-Minute Consultation

If you suspect that you have been discriminated against because of your sexual orientation, Attorney Zachary Naidich wants to help. He can listen to your story and explain your rights during a free, 30-minute consultation. Call today to learn more.