Sexual orientation discrimination occurs when an employee or applicant is treated unfairly because of their actual or perceived sexual orientation, gender identity, or gender expression. This includes individuals who identify as lesbian, gay, bisexual, transgender, intersex, queer or questioning, asexual, non-binary, pansexual, and other identities within the LGBTIQA+ community. Discrimination can take the form of harassment, denial of employment opportunities, unequal treatment, or other adverse actions based on these protected characteristics.
The New York City LGBTIQA+ discrimination attorneys of Risman & Risman, P.C. are well versed in the laws that prohibit sexual orientation discrimination and can provide you with the requisite knowledge in deciding whether to go forward with a prospective claim.
Federal, New York State, and New York City laws prohibit discrimination based on actual or perceived sexual orientation, gender identity, or gender expression. At the federal level, the Supreme Court’s 2020 decision in Bostock v. Clayton County confirmed that Title VII of the Civil Rights Act of 1964 protects employees from discrimination on these grounds. In New York, the Sexual Orientation Non-Discrimination Act (SONDA) and the Gender Expression Non-Discrimination Act (GENDA) explicitly protect these rights under the New York State Human Rights Law. The New York City Human Rights Law provides even broader protections, applying to all employers with four or more employees and covering virtually every term, condition, and privilege of employment.
It does not matter whether your employer’s perception of your sexual orientation, gender identity, or gender expression is accurate. If an employer assumes you have a particular identity or orientation and treats you differently because of that assumption, it is still unlawful discrimination. This also applies if you are targeted for not conforming to traditional gender norms or stereotypes.
Understanding the laws which make sexual orientation discrimination illegal in New York
The Sexual Orientation Non-Discrimination Act (SONDA): Enacted in 2002, this law amended the New York State Human Rights Law to prohibit discrimination based on sexual orientation in employment and other areas.
The Gender Expression Non-Discrimination Act (GENDA): Effective 2019, this law added explicit protections for gender identity and gender expression to the New York State Human Rights Law.
The New York City Human Rights Law: Provides some of the most expansive protections in the country, prohibiting discrimination and harassment based on sexual orientation, gender identity, and gender expression. Under the NYCHRL, conduct does not need to be “severe or pervasive” to be unlawful.
Federal Law (Title VII and Bostock): In 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that discrimination based on sexual orientation or gender identity is a form of sex discrimination under Title VII, making it illegal nationwide.
Contact a Seasoned and Qualified Sexual Orientation Discrimination Attorney
If you believe you have been treated unfairly because of your sexual orientation, gender identity, or gender expression, strong legal protections are available to you. The experienced LGBTIQA+ discrimination attorneys at Risman & Risman, P.C. can help you understand your rights and take action. Your consultation is free. Call us at (212) 233-6400 or contact us online.
