Derek Smith Law Group / Employment Law / LGBTQ Discrimination

LGBTQ Discrimination

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TABLE OF CONTENTS

Discrimination Attorneys Representing Victims of LGBTQ Discrimination for Over 25 Years
Who Is Part of the LGBTQ Community?
What Are Examples of LGBTQ Discrimination at Work?
What Laws Protect Employees from LGBTQ Discrimination at Work?
What Should Victims of LGBTQ Discrimination at Work Do Next?
What Remedies Are Available to Victims of LGBTQ Discrimination at Work?
Call Our Compassionate LGBTQ Discrimination Attorneys for Your Free Consultation

Discrimination Attorneys Representing Victims of LGBTQ Discrimination for Over 25 Years

LGBTQ Discrimination in the workplace occurs when an employee or job applicant is treated unfairly based on sexual orientation or gender identity and expression. Federal and state laws prohibit such actions in the workplace.

Like many forms of discrimination at work, LGBTQ discrimination is a staple in businesses across America. Potential employees are denied jobs based on real or perceived sexual orientation. Employees are fired, ridiculed, and otherwise harassed because they are part of the LGBTQ community.

For over 25 years, the employment discrimination lawyers at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, and New Jersey have worked to help members of the LGBTQ community get the compensation they deserve.

Who Is Part of the LGBTQ Community?

The LGBTQ community includes people of all ages and genders. LGBTQ stands for Lesbian, Gay, Bi-sexual, Transgender, Questioning or Queer. However, allies or people that support and fight for equality of LGBTQ people are also part of the community.

Not all people are openly part of the LGBTQ community. However, even if you think someone is part of the community, they are entitled to all the same protections as a person open about their sexual orientation or gender identity.

What Are Examples of LGBTQ Discrimination at Work?

LGBTQ discrimination and harassment in the workplace can take many forms. Some examples include:

Outing a gay employee
Firing an employee who is transitioning
Using derogatory slurs directed towards LGBTQ employees
Sending emails with LGBTQ jokes
Denying health insurance to the partners of married same-sex couples
Refusing to allow employees to bring their same-sex partners to work events
Telling bi-sexual employees to “pick a side”
Ostracizing members of the LGBTQ communities at work-related events and functions
Harassing LGBTQ Allies about being open allies
Refusing to give gay employees certain projects because he is gay
Demoting a transgender employee for reporting discrimination at work

What Laws Protect Employees from LGBTQ Discrimination at Work?

Title VII of the Civil Rights Act of 1964 includes sexual orientation and gender identity and expression as protected classes under sex discrimination. The court ruled that sexual orientation cannot be discussed without first discussing sex or gender.

Some state and local laws prohibit discrimination based on sexual orientation and gender identity. New York prohibits workplace discrimination based on both sexual orientation and gender identity, protecting all members of the LGBTQ community.

New Jersey and California laws prohibit discrimination based on sexual orientation; however, they do not include gender identity or expression.
Pennsylvania and Florida do not have any state laws prohibiting LGBTQ discrimination in the workplace. However, Philadelphia and Miami laws prohibit discrimination against people based on sexual orientation.
Federal and state laws also prohibit wrongful termination and retaliation against employees due to LGBTQ status. Employers may not fire a person because they are gay, lesbian, transgender, or bisexual. Additionally, they may not retaliate against an employee who reports discrimination to HR, a manager, or the courts.

What Should Victims of LGBTQ Discrimination at Work Do Next?

You have the right to fight for justice when your employer violates your rights. The fight for justice requires planning and evidence. Therefore, you should first make sure you document everything that has occurred. If you have emails, text messages, photographs, or witnesses, use the information to put together a file.

Sometimes, harassment or discrimination is so great that you cannot work in that environment any longer. Other times you are terminated, despite your best efforts to work through the treatment. No matter your employment status, as soon as you experience discrimination and harassment at work, contact a qualified LGBTQ discrimination and harassment lawyer to help understand your options and develop your case.

Your attorney can assist you in filing an Equal Employment Opportunity Commission (EEOC) or your state’s employee rights oversight committee. Do not waste time before contacting a dedicated attorney to help your case. You have a limited time frame to file your complaint and receive justice.

Testimonials

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Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.

During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

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What Remedies Are Available to Victims of LGBTQ Discrimination at Work?

The courts work diligently to prevent and punish LGBTQ discrimination at work. The court may issue remedies such as the reinstatement of work, financial penalties, and even mandated public apologies. Any relief will be determined by your damages, both financial and physical.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Call Our Compassionate LGBTQ Discrimination Attorneys for Your Free Consultation

LGBTQ employees have the same right to work as all employees. Sexual orientation and gender identity do not affect their abilities to work. Therefore, these classifications should not affect their right to work.

The Derek Smith Law Group is available to help victims of employment discrimination of the LGBTQ community with dedicated legal representation. Call today at (800) 807-2209 or fill out our online form for your free consultation.

Our Attorneys

Did You Experience a Violation of Your Employment Rights?

Do You Have Questions About Your Legal Rights at Work? Please call us at 800.807.2209 or email derek@dereksmithlaw.com to Learn More About Your Rights.

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