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Sexual Identity Discrimination and Harassment

Workplace Free from Sexual Identity Discrimination and Harassment

Sexual identity discrimination and harassment of federal employees is prohibited under federal law (Executive Order 13087 of 1998). The policy of the Federal Government is targeted at providing equal employment opportunity for everyone irrespective of their race, color, religious and political beliefs, marital and parental status, disability, age, sex and sexual identity. Every person has the right to work in an environment without discrimination and harassment. Sexual identity of a person should not interfere with their work. Employers cannot legally deny a job, promotion, benefits or otherwise treat employees differently on the basis of a person's sexual identity.

Federal employees are also protected from sexual identity discrimination and harassment by the Civil Service Reform Act of 1978 (CSRA). The New York State Human Rights Law and the New York City Human Rights Law prohibit discrimination on the basis of a person's sexual identity by all employers employing 4 or more individuals.

Sexual identity discrimination

Sexual identity discrimination occurs when a person or a group of people are treated unfavorably because of their actual or perceived sexual identity, sexual identity of a person or a group they are associated with. Discrimination may be obvious, for instance, when a person is denied a job or fired without a well-grounded reason simply on the basis of his or her sexual identity. Discrimination can also take the form of seemingly neutral polices adopted by a company that have a disproportionate adverse effect on workers with certain sexual identity. This is a case of indirect or hidden discrimination. For example, the company you're working for has never promoted homosexual employees despite the records of good performance.

Sexual identity harassment

Sexual identity harassment is any offensive or humiliating conduct based on a person's sexual identity, violating his or her dignity and causing a hostile work environment. The harasser may be the boss, a supervisor, a co-worker or a client. Sexual identity harassment may take the form of inappropriate jokes or comments, degrading cartoons or even physical threat.

Dealing with sexual identity discrimination and harassment

If you believe that you're faced with sexual identity discrimination and harassment you need to take immediate action. First of all you may try talking to your employer or upper management of the company. If they fail to change the situation, file a written complaint (employees are required to address all discrimination and harassment complaints so make sure to keep a copy). If this still doesn't help, federal employees may contact the Office of Special Council, the Merit Systems Protection Board or state equivalent agency (find out if there are state complaint procedures and agencies enacting the anti-discrimination policies). Non-federal employees may file a complaint with the New York State Division of Human Rights, The New York City Commission on Human Rights or file a lawsuit directly in state court. If a non-federal employee files with the State or City agency, that agency will investigate your case determine if the company has committed discrimination. Our attorneys can help you file a a complaint with the State or City agency or file a lawsuit. You should always consider seeking legal advice or hiring a lawyer specializing in sexual identity discrimination and harassment cases if you feel you have been discrimated against. Our attoneys will guide you throughout the process and will help you asses your chances to win in case you decide to take legal action.

Gender Discrimination Lawyer in NYC

If you are a victim of sexual identity intolerance in your New York workplace; a Gender Discrimination Lawyer can help. Contact Borrelli & Associates, P.L.L.C. for a consultation

Gender-based discrimination and harassment, whether it appears in the form of insulting jokes, preferential treatment towards people with a certain sexual identity or unfair treatment towards people with a different sexual identity, or even a layoff or termination that you think is a result of sexual orientation, is unacceptable in the workplace. Any of these examples of gender-based intolerance violate your employee rights and are likely to contribute to a hostile work environment.

Sexual Identity Discrimination & Harassment in the Workplace

Your sexual orientation, whether you are gay, lesbian, bisexual, or transgender, is your own personal business, and it should not affect your employer's or your co-workers’ opinion of you. Sexual orientation should have no effect on the amount of money employees make, their prospects for promotion, or their job positions.

If you are a victim of gender discrimination in the workplace, do not wait any longer. Contact one of our sexual identity discrimination lawyers to discuss your case. We have offices in Manhattan and Great Neck and serve all of NYC and Long Island.

1010 Northern Boulevard
Suite 328
Great Neck, NY 11021
Tel: 516-248-5550
Fax: 516-248-6027

655 Third Avenue
Suite 1821
New York, NY 10017
Tel: 212-679-5000
Fax: 212-679-5005