Workplace LGBTQ+ Discrimination Lawyer in New York City
RECOVERED
- LGBTQ employees and job applicants still face workplace discrimination, despite recent legal protections and corporate policies.
- The 2020 U.S. Supreme Court ruling protects workers from discrimination based on sexual orientation and gender identity under the Civil Rights Act.
- New York laws, including SONDA and GENDA, provide additional protections against discrimination, harassment, and hate crimes based on sexual orientation, gender identity, or expression.
- Common workplace LGBTQ discrimination includes slurs, microaggressions, sexual harassment, violence, and bathroom-related harassment.
- Joseph & Norinsberg offers experienced, compassionate legal support to help LGBTQ workers pursue justice and secure compensation for workplace discrimination.
Facing LGBTQ+ discrimination at work can affect more than your job. It can threaten your financial security, career, and sense of belonging. No one should have to hide who they are or endure unfair treatment to earn a living. An experienced New York City workplace LGBTQ+ discrimination lawyer can work to protect your career.
At Joseph & Norinsberg, we stand firmly on the side of employees. We have a 98% success rate for our clients. Our New York City workplace discrimination lawyers fight for employees who face discrimination based on sexual orientation, gender identity, or gender expression. Contact us today for a free and confidential consultation about your case.
Compassionate New York City Workplace LGBTQ+ Discrimination Attorneys
At Joseph & Norinsberg, our team of highly skilled attorneys has extensive experience in employment-based harassment and discrimination of LGBTQ+ individuals. We take on employers of all sizes, from individual businesses to powerful corporations, such as NYU Langone Health, and prepare every case with the determination to hold them accountable.
If your employer has treated you unfairly, denied you opportunities, retaliated against you, or wrongfully terminated you because of who you are, you deserve to be heard. Our New York City employment lawyers fight for justice for the employee, and we don’t back down from a fight.
Our Clients Have Given Us a Five-Star Rating
Our clients benefit from our hard work, and it means everything to us when they write to us and tell us how much of a difference we made in their lives. Below are a few examples of the types of client feedback we regularly receive:
Employee Rights and Protection Against LGBTQ+ Employment Discrimination
Concealing your true self to avoid discrimination at work can be infuriating, traumatizing, and exhausting. If you are being discriminated against as an LGBTQ+ employee or job applicant, or you believe that disclosing your true self will put you in harmโs way, consult with our experienced New York City workplace LGBTQ+ discrimination attorneys at Joseph & Norinsberg.
NY-based LGBTQ+ workers are protected under:
- Civil Rights Act: Federal law prohibits employers from discriminating against employees because of sex. The U.S. Supreme Court confirmed in Bostock v. Clayton County (2020) that this protection includes discrimination based on sexual orientation and gender identity.
- Sexual Orientation Non-Discrimination Act (SONDA): This is a NY law prohibiting sexual orientation-based discrimination in the workplace, public accommodations, housing, credit, education, and the exercise of civil rights.
- Gender Expression Non-Discrimination Act (GENDA): This NY law prohibits discrimination based on gender identity and gender expression in the workplace, public accommodations, and housing. It also adds gender identity and expression to the stateโs hate crime laws and enhances penalties for these crimes.
LGBTQ+ Discrimination Examples In The Workplace
The most common types of discrimination faced by LGBTQ+ individuals include:
- Slurs and offensive jokes
- Microaggressions
- Sexual harassment
- Violence
- Harassment related to bathroom use
In New York City, LGBTQ+ employees may face discrimination in many forms, from offensive jokes and slurs to sexual harassment, threats, or harassment over bathroom use. These behaviors can happen in any workplace, including large organizations such as Con Edison. All employees deserve to be treated with dignity and respect.
Frequently Asked Questions
How to prove sexuality or gender discrimination?
If you are being harassed or discriminated against at work, it is important to document and/or record any discriminatory behavior when possible. For example, if a supervisor sends an email requesting that you โact straightโ at an upcoming client meeting, keep the email as evidence. If the actions or behaviors are not recorded via email, text, or voice message, ask any witnesses if they would make a statement in support of your claim.
Even without direct evidence, an experienced discrimination lawyer may be able to build a case against your employer. If there is a monthly client golf outing and a transgender employee is the only employee excluded every time, this could serve as evidence of discrimination.
What types of compensation are available to you as a victim of LGBTQ discrimination?
As with all employment discrimination cases, damages for LGBTQ discrimination in the workplace vary widely from case to case. However, damages commonly include compensation for lost wages, loss of benefits, and emotional pain and suffering.
What should you do if you are being discriminated against because of your sexuality in the workplace?
As stated above, record, record, record. It is also in your best interest to consult with an employment attorney who has experience in discrimination, specifically as it relates to LGBTQ employees. This is a complex and constantly-evolving area of the law, and you want a lawyer with extensive knowledge of state and federal laws and protections.
Proving LGBTQ+ Discrimination
If you are being harassed or discriminated against at work, document and record any discriminatory behavior when possible.
For example, if a supervisor sends an email requesting that you โact straightโ at an upcoming client meeting, keep the email as evidence. If the actions or behaviors are not recorded via email, text, or voice message, ask any witnesses if they would make a statement in support of your claim.
Even without direct evidence, our experienced discrimination lawyers could build a case against your employer. If there is a monthly client golf outing and a transgender employee is the only employee excluded every time, this could serve as evidence of discrimination.
Compensation Available to Victims of LGBTQ+ Discrimination
Workplace LGBTQ+ discrimination can cost you more than a paycheck. It can derail your career, take away benefits you depend on, and cause serious emotional distress. If your employer discriminated against you because of your sexual orientation, gender identity, or gender expression, you can seek compensation.
Every case is different, and the damages available depend on the facts, the harm you suffered, and the applicable law. Compensation may include:
- Lost wages: Recover income you lost because of discriminatory termination, demotion, reduced hours, or denied advancement.
- Lost benefits: Seek compensation for employment benefits you lost, such as health insurance, retirement contributions, bonuses, or other forms of compensation.
- Emotional pain and suffering: Pursue damages for the emotional harm caused by discrimination, including stress, anxiety, humiliation, and damage to your well-being.
- Future lost earnings: If discrimination has affected your ability to return to your former position or advance in your career, you may seek compensation for future financial losses.
The compensation you can recover depends on the laws governing your claim, the evidence available, and the extent of your losses. Some laws also impose limits on particular types of damages, while others provide different remedies.
Why Clients Choose Joseph & Norinsberg
You should not have to absorb the financial and personal costs of your employer’s discrimination. At Joseph & Norinsberg, we represent employees. Our trial lawyers prepare cases carefully and fight for the compensation our clients deserve.
We have secured more than $250 million in cumulative verdicts and settlements for our clients, including a $10,500,000 verdict against New York City Transit Authority. We fight relentlessly to hold employers accountable and pursue the compensation our clients deserve. Past case results do not guarantee future outcomes.
Contact An Experienced LGBTQ+ Discrimination Lawyer Today
If you are a victim of LGBTQ+ discrimination in the workplace, our skilled attorneys can help. Our compassionate and knowledgeable legal team has an impressive track record of obtaining substantial settlements for our clients, and we will fight to get you the justice you deserve.
Donโt suffer in silence for one more day; contact a workplace LGBTQ+ discrimination lawyer in New York City at Joseph & Norinsberg to book a free and confidential consultation today.
Bennitta L. Joseph is one of New York Cityโs leading employment trial attorneys, with more than 25 years of experience fighting for workers in high-stakes workplace disputes. Bennitta is known for taking on powerful corporations, institutions, executives, and public figures in cases involving discrimination, harassment, retaliation, wrongful termination, wage disputes, and executive compensation.
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Increased clientโs severance for being discriminated against for their disability.
Defended 12 individuals facing discrimination and retaliation based on race and gender in the workplace.
Race discrimination case against a luxury brand in the fashion industry (confidential).