New York Sexual Orientation Discrimination Lawyer

Discrimination based on sexual orientation may seem very clear to victims, but strong proof must be provided to prevail in a sexual orientation discrimination lawsuit. Lacking such proof makes for a very weak case. However, a NY sexual orientation discrimination lawyer helps clients better understand the difference between lawful and discriminatory behavior.

If you believe that you are the victim of discrimination in the workplace based on your sexual orientation, you can file a lawsuit under the Employment Non-Discrimination Act. However, you must prove that your employer (assuming the firm employs 15 or more people) discriminated against you because of a real or perceived sexual orientation issue. Before you consider such action, it is best to discuss your case with an experienced New York sexual orientation discrimination attorney.

Proving sexual orientation discrimination can be challenging

According to the New York sexual orientation discrimination lawyers at Derek Smith Law Group, PLLC, the burden of proof is on the plaintiff (the person bringing the suit) to show a direct correlation between sexual orientation and whatever adverse action was taken by the employer. This can be difficult to prove since employers typically do not acknowledge discriminatory activities. Most cases of discrimination are based on circumstantial evidence.

Three steps are involved in cases relying on circumstantial proof of intentional discrimination.

  • First, you must present sufficient evidence to show a cause and effect relationship between the challenged action (e.g., failure to promote, hire, etc.) and your sexual orientation. This is what is referred to as your prima facie case.
  • Second, your employer must respond by simply offering a legitimate non-discriminatory reason for the action. This is called satisfying the burden of production.
  • Third, you must present evidence proving, despite the excuses offered by your employer, that the adverse action was motivated by his or her intention to discriminate. This is called the burden of persuasion and may be achieved, for example, by proving that the reason offered by the defendant is merely a pretext for actual discrimination.

So in cases alleging intentional discriminatory actions, you carry the ultimate burden of persuading a court that the actions of your employer were motivated by a discriminatory intent regarding your sexual orientation. Having an experienced NYC sexual orientation discrimination attorney to guide your case and help you gather evidence, witnesses and expert testimony can make the difference in having a successful resolution to your complaint.

Contact us

Do not be the victim of sexual orientation discrimination. Our experienced sexual orientation discrimination attorneys in New York are ready to fight for and protect your rights. Our goal is to get the best possible results for you. If you have questions about sexual orientation discrimination in the workplace or would like to speak with us regarding your case, please feel free to contact Mr. Derek T. Smith, Esq. personally at the law firm of Derek Smith Law Group, PLLC by calling our toll-free number 877-469-5297 today.


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