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recovered for our employment law cases
Although the past decade has seen great advancements in rights for LGBTQ individuals, workplace discrimination against LGBTQ employees and job applicants is still a serious problem.
On June 15, 2020, the U.S. Supreme Court ruled that employees are protected against discrimination based on sexual orientation and gender identity, under the Civil Rights Act of 1964. Prior to that, a whopping 28 of the 50 U.S. states had zero state-level protection against this type of discrimination.
As of 2020, 91 percent of Fortune 500 companies have policies that prohibit discrimination based on gender identity, and 93 percent have non-discrimination policies including sexual orientation. These encouraging statistics among Fortune 500 companies along with the June 15 Supreme Court ruling are positive steps in the right direction, but significant work remains before LGBTQ workers feel comfortable being their true selves in the American workplace.
At Joseph & Norinsberg LLC, our team of highly-skilled, compassionate LGBTQ discrimination attorneys have extensive experience in employment-based harassment and discrimination of LGBTQ individuals and an impressive track record of getting our clients the justice—and compensation—they deserve. If you are being treated unfavorably due to your gender identity, sexual orientation, or any other gender-based reason, you do not need to suffer in silence. Contact an LGBTQ discrimination lawyer today for a free and confidential consultation about your case.
If You Feel You Have Been Exposed to Illegal LGBTQ Discrimination in the Workplace, You Are Not Alone
LGBTQ workers often face discrimination and hostility at their place of employment. In fact, 20 percent of Americans who identify as lesbian, gay, bisexual, transgender, or queer have suffered from discrimination or harassment on the job or when applying for jobs.
The problem is even greater for LGBTQ people of color, who are 32 percent more likely to be discriminated against than their white counterparts. And transgender employees suffer additional types of discrimination, including accessibility to lavatories and deliberate misuse of pronouns when someone is referring to them in conversation or writing.
Fear of harassment is one of the primary reasons that nearly half of all US-based LGBTQ workers remain closeted. Many LGBTQ employees report altering the way they speak or how they dress in order to hide their gender identity or sexual orientation in the workplace.
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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 harm’s way, it is in your best interest to consult with an experienced New York and New Jersey LGBTQ discrimination lawyer today.
In addition to the protections under the Civil Rights Act, NY-based LGBTQ workers are protected under the Sexual Orientation Non-Discrimination Act (SONDA) and the Gender Expression Non-Discrimination Act (GENDA).
SONDA is a NY law prohibiting sexual orientation-based discrimination in the workplace, public accommodations, housing, credit, education, and the exercise of civil rights.
GENDA is a NY law prohibiting discrimination based on gender identity and gender expression in the workplace, public accommodations, and housing. It also adds gender identity and expression to the state’s hate crime laws and enhances penalties for these crimes.
LGBTQ Discrimination Examples In The Workplace
According to research conducted by the National Institutes of Health (NIH), the most common types of discrimination faced by LGBTQ individuals include:
- Slurs and offensive jokes (57 percent)
- Microaggressions (53 percent)
- Sexual harassment (51 percent)
- Violence (51 percent)
- Harassment related to bathroom use (34 percent)
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 “act straight” 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.
Contact An Experienced LGBTQ Discrimination Lawyer Today
If you are a victim of LGBTQ discrimination in the workplace, the skilled attorneys at Joseph & Norinsberg LLC can help. Our compassionate, knowledgeable, and tenacious legal team has an impressive track record of obtaining substantial settlements for our clients, and we will fight tirelessly to get you the justice you deserve. Don’t suffer in silence for one more day; contact a New York City LGBTQ discrimination lawyer at Joseph & Norinsberg LLC to book a free and confidential consultation today.
Bennitta Joseph is an experienced New York City sexual assault attorney with over seventeen years of experience litigating cases involving workplace harassment. She takes on cases with uncompromising dedication, patience, and a relentless desire to achieve justice.
- New York Age Discrimination Lawyer
- New York Disability Discrimination Lawyer
- New York Gender Discrimination Lawyer
- New York Pregnancy Discrimination Lawyer
- New York Race Discrimination Lawyer
- New York LGBTQ Employment Discrimination Lawyer
- New York Weight Discrimination Lawyer
- New York Religious Discrimination Lawyer
Increased client’s 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).
