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Sexual Orientation Harassment

New York, New Jersey, Philadelphia & Miami Laws and lawyers protecting the LGBTQ community

In New York City, New Jersey, Philadelphia or Miami, it is illegal to discriminate against or harass someone due to their “actual or perceived” sexual orientation.

In other words, you cannot be discriminated against for being gay, even if you do not actually identify as a homosexual. You should not be harassed at work or denied employment benefits because of your sexual orientation.

According to the Equal Employment Opportunity Commission (EEOC), Discrimination against an individual because that person is transgender is discrimination because of sex in violation of Title VII.

This is also known as gender identity discrimination. In addition, lesbian, gay, and bisexual individuals may bring sex discrimination claims.  These may include, for example, allegations of sexual harassment or other kinds of sex discrimination, such as adverse actions taken because of the person’s non-conformance with sex-stereotypes.

The Sexual Orientation Non-Discrimination Act (“SONDA”)

The Sexual Orientation Non-Discrimination Act, typically known by its acronym “SONDA,” prohibits discrimination on the basis of actual or perceived sexual orientation in employment, housing, public accommodations, education, credit, and the exercise of civil rights. New York has long prohibited discrimination on the basis of certain characteristics, such as race, sex, and religion.

SONDA added the term “sexual orientation” to the list of specifically protected characteristics in various State laws, including the Human Rights Law, the Civil Rights Law, and the Education Law.

However, simple teasing, joking, or “horseplay” is probably not severe enough to warrant legal action. The harassment must be “severe” or “pervasive.”

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Examples of sexual orientation harassment

Harassment comes in many forms. Your harasser could be your boss, a fellow co-worker, a subordinate or even a customer. You could be teased, physically harmed, received explicit images or notes — the list goes on. Some specific examples include:

  • Focusing on your sexual orientation rather than your job abilities
  • Being sent degrading or sexually explicit emails regarding your sexual orientation
  • Repeatedly being called “faggot,” “homo,” or other derogatory names
  • Being subjected to repeated homophobic jokes or slurs
  • Propositioning you for sexual favors
  • Forced physical contact, or threats of forced physical contact

In a severe sexual orientation harassment case handled by the New York City, New Jersey, Philadelphia or Miami employment law attorneys at the Derek Smith Law Group, Mirella Salemi was awarded 1.2 million dollars in damages in sexual orientation and religious discrimination case. As a chef and manager at Gloria’s Tribecamex Inc, Salemi was repeatedly told by her boss that homosexuality is a “sin” and that “gay people” were “going to go to hell.” She was forced to attend weekly prayer meetings and subjected to her boss’ religious rants.

A team of Experienced New York City, New Jersey, Philadelphia or Miami sexual harassment lawyers are on your side

The workplace should be a safe environment where individuals can be protected from discrimination and harassment. When your rights are violated, and your emotional and professional security is threatened, call the sexual orientation harassment lawyers at the Derek Smith Law Group at 800-807-2209. Our sexual harassment lawyers serve clients in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island and throughout the state of New York, New Jersey, Pennsylvania, and Florida.

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Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.

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