4 Mistakes For the Victims of Sexual-Orientation Discrimination to Avoid
On Friday June 26, the White House lit up an array of colors reflecting red, yellow, blue, green and other vibrant hues. The rainbow of colors was used to commemorate the Supreme Court’s ruling to legalize same-sex marriage across the nation.
Reactions of joy included those who broke into smiles; and others crying tears of happiness. Many chose to wave rainbow flags and banners while singing the National Anthem; and others began to clap wildly after singing the US is “the land of the free.”
While this event is one that gives gay rights advocates a monumental victory, as well as settling one of the major civil rights disputes of this day and age, it certainly does not mean that all issues concerning the right for equality among LGBTQ have been established nor does it mean that all regulations are being practiced on a continual basis. Even as you read this employment law blog it is still legal for an employer to fire his/her employee for being gay in 28 states in America.
That is a perfect example of sexual-orientation discrimination in the workplace. How difficult would it be to go to work in a hostile work environment, having to encounter this type or any type of discrimination on a regular basis? If you have been the victim of employment discrimination the employment law attorneys at the Derek T. Smith Law Group are here to defend your rights as an employee.
There are many who can address this question with true sentiments of understanding, having gone through or are currently going through this situation.
It’s unfair for anyone to have to deal with any sort of misconduct or hostile treatment in any environment. It is unlawful for an individual to be put through this on his or her job.
If you or someone you know is currently going through (sexual-orientation) discrimination in the workforce, here are 4 mistakes that should be avoided at all costs.
Mistake #1: Not being aware of your rights. Are you aware of the Employment Non-Discrimination Act? The Employment Non-Discrimination Act (ENDA) provides basic protections against discrimination in the workplace on the basis of gender identity or sexual orientation. The bill is closely designed on existing civil rights laws, which includes Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. Furthermore, it exempts small businesses, religious organizations and the military.
Mistake #2: Not documenting the acts of discrimination: As the discrimination occurs, it can be helpful in later litigation to have a written account of each incident of discriminatory treatment that took place. As part of documenting the discrimination, make sure to save any letters, emails or memos that are related to the discrimination, but take heed while saving documents, not to violate the employer’s confidentiality and proprietary information guidelines. Also make sure to document all negative actions, and not just the discriminatory conduct. For example, keep track of any performance reviews, position title changes, demotions or similar events.
Mistake #3: Not reporting the acts of discrimination: A victim of discrimination should let a supervisor and/or the human resources department know what is going on. The victim can tell the human resources department what steps have already been taken to stop the discriminatory actions, and what they would like to see happen next.
Mistake #4: Not consulting with an experienced NYC attorney: Victims often wait too long to get an attorney involved in their discrimination case. It is best to get an attorney involved in your case as early as possible. Attorneys will often make a demand for settlement before the victim files an administrative complaint with the Equal Employment Opportunity Commission (EEOC). An experienced NYC attorney can help a victim of discrimination to prepare to file a complaint with the EEOC to make sure that all potential legal claims are included. An NYC discrimination attorney knows the procedures and can assist a victim in this unfamiliar legal territory to protect his or her rights and choose the best strategy with which to move forward.
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.
New York City Sexual Orientation Attorneys Ready to Fight for Your Employment Rights
Say no to a hostile work environment. Say no to be victimized for your sexual orientation. 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 a New York City Sexual Harassment Lawyer regarding your sexual orientation discrimination case, please feel free to contact the employment law attorney at the Derek T. Smith personally at the law firm of Derek T. Smith Law Group, PLLC by calling our toll-free number 877-469-5297 today.