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Sexual orientation discrimination in the workplace in New York City can occur whether you are heterosexual, homosexual, or bisexual. When an employee or job applicant is treated unfairly or harassed by an employer, CEO, supervisor or manager, co-worker, client or customer, vendor or non-employee because he or she fits in one of these categories then the person has become the victim of sexual orientation discrimination in the workplace.
Both federal and state laws prohibit this type of activity. For over 25 years, the experienced attorneys at the Derek Smith Law Group have helped victims, just like you, get the justice you deserve.
As an employee or job applicant, your sexual orientation should not play a role in any employment decision. However, when an employer, CEO, supervisor/manager, co-worker, client/customer, vendor, or non-employee treats you unfairly or harasses you because of your sexual orientation or even their perception of your sexual orientation, they are breaking the law. Whether you are heterosexual, homosexual, or bisexual, is your personal business and you are entitled to be out in the open with your sexual orientation without retaliation or discrimination in the workplace.
Under Title VII of the Civil Rights Act of 1964, sexual orientation is protected as a form of sex discrimination. Therefore, it is prohibited for an employer of 15 or more employees to discriminate against you based on your sexual orientation in the same manner any sex discrimination would be prohibited under the law.
Federal employees are protected from sexual orientation discrimination under the Civil Service Reform Act of 1978 and Executive Order 13087 of 1998.
Therefore, anyone working for the federal government in any capacity is protected from discrimination based on their sexual orientation. In New York City, the New York Sexual Orientation Non-Discrimination Act (SONDA) prohibits discrimination against any employee who is a member of the LGBTQ community on the basis of sexual orientation.
If you have been the victim of sexual orientation discrimination in your workplace in New York City, you need evidence to bring your case to court. There are three types of evidence that can help prove your case: direct; disparate; and policy.
Sexual orientation discrimination in the workplace can take several forms. It does not matter whether you are homosexual, heterosexual, or bisexual. It also does not matter if the person discriminating against you is a member of the LGBTQ community. Here are some examples of sexual orientation discrimination that may occur in your workplace.
If you want to file a claim for sexual orientation discrimination under Title VII, you must file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC gives a time limit of 300 days from the date the last incident of discrimination occurred. They will then investigate the claim to make sure it falls under the guidelines of Title VII and issue you a Right to Sue letter. Form there you have a time limit of 80 days to file the complaint in federal court.
If you wish to file a claim under SONDA, you have two options. You may choose to file a claim with the New York State Division of Human Rights. You have 1 year from the date of the last incident of discrimination to do so.
Your other option is to file a complaint directly with the court. The statute of limitations to file with the court is 3 years from the date of the last incident of discrimination.
As a victim of sexual orientation discrimination in the workplace, the courts are able to offer you relief to help you get back to life as it should. Some of the remedies available through the courts may include, but are not limited to:
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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
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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
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 Testimonial
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
When you file a claim against your employer for discrimination, it can last anywhere from 4 to 6 months to a year or longer, depending on the details of your case. If your employer is willing to negotiate a fair settlement with you prior to trial, your case may settle in as little as 4 to 6 months. However, if your employer insists on going to trial, your case may take 8 months to a year to prepare for trial. The trial may then take a few days to several weeks or more until a judgment is entered by the court.
As you decide what your next moves should be, there are a few things you should do right away to help your case along.
You have the right to live your life however you wish. No employer should ever treat you unfairly or harass you because you are homosexual, heterosexual, or bi-sexual.
If you are the victim of sexual orientation discrimination in New York City, the experienced attorneys at the Derek Smith Law Group (one of FindLaw’s top employment discrimination attorneys in New York City) can help.
We have helped our clients win over $165,000,000 and we want to help you. Contact us today at (212) 587-0760 for your free consultation. We do not collect any money until you win your case.
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Our experienced employment lawyers are dedicated to resolving your workplace rights concerns with expertise and care.