Discrimination in the workplace is something no one should have to face, yet many LGBTQ+ employees in New York still deal with unfair treatment and harassment. Thankfully, the state has strong laws in place to protect workers based on their sexual orientation, gender identity, and expression. If you’ve experienced discrimination or harassment at work, it’s important to understand your rights and know what steps you can take to fight back.
Protections for LGBTQ+ Employees in New York
New York has some of the most comprehensive protections for LGBTQ+ employees in the country. Under the New York State Human Rights Law (NYSHRL), it’s illegal for employers to discriminate based on sexual orientation or gender identity. This means LGBTQ+ employees are protected against things like being fired, passed over for a promotion, paid less, or harassed because of who they are.
On top of this, federal law provides additional protections. In the 2020 Bostock v. Clayton County decision, the U.S. Supreme Court ruled that discrimination based on sexual orientation or gender identity is considered sex discrimination under Title VII of the Civil Rights Act. These legal protections work together to ensure that LGBTQ+ workers in New York are covered at both the state and federal levels.
The Discrimination LGBTQ+ Employees Face
Discrimination and harassment can show up in many ways in the workplace. Some common examples include:
- Hostile Comments: Hearing offensive jokes, slurs, or remarks about your sexual orientation or gender identity.
- Unequal Treatment: Being unfairly denied promotions, raises, or new opportunities because of who you are.
- Retaliation: Facing punishment—like being demoted or fired—for speaking out about discrimination.
- Lack of Respect: Employers refusing to use your pronouns, let you use the right restroom, or accommodate your gender identity.
This kind of treatment doesn’t just make it harder to do your job—it’s also against the law.
Filing a Complaint
If you’ve faced discrimination or harassment, you don’t have to deal with it alone. In New York, you can file a complaint with the New York State Division of Human Rights (NYSDHR). You’ll need to file within one year of the discrimination and provide evidence of what happened. The state will investigate and work to resolve your case.
You can also file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) under federal law. Each option has different deadlines and processes, so it’s important to know which one makes the most sense for your situation.
Why You Need a Lawyer
Dealing with workplace discrimination is stressful enough without trying to figure out the legal system on your own. That’s why it’s so important to have an experienced lawyer on your side. A good attorney can help you understand your options, gather evidence, and take action—whether that means filing a complaint, negotiating a settlement, or going to court.
At Gash & Associates, P.C. in White Plains, NY, we’ve helped many people fight back against LGBTQ+ discrimination at work. We know how difficult this process can be, but we’re here to guide you every step of the way and fight to get you the justice and compensation you deserve.
If you’re dealing with LGBTQ+ discrimination in the workplace, don’t wait. Know your rights, take action, and let us help you make things right. No one should have to put up with discrimination—especially not at work. Call us today at (914) 328-8800.