Sexual Orientation Discrimination

Sexual orientation discrimination involves treating an employee differently solely because of his or her sexual orientation, whether homosexual, heterosexual or bisexual.

A growing number of laws prohibit discrimination against individuals based on sexual orientation, or perceived sexual orientation, in various aspects of the employment process, including but not limited to recruitment, hiring, firing, promotions, benefits, compensation, job training, job assignments, and other terms, conditions and privileges of employment.

It is not relevant whether your employers perception of your sexual orientation is correct. If your employer believes or perceives you as having a certain sexual orientation, and treats you differently or discriminates against you because of it, then your employer may be violating the law. If such issues exist for you, then you might wish to contact an attorney who works in the employment law field.

A few examples of sexual orientation discrimination include, but is certainly not limited to:

  • You are not allowed to obtain benefits for your same-sex partner because your company's health insurance plan only covers benefits for spouses and families of married heterosexual employees.
  • If your boss believes you are gay, lesbian, bisexual or straight, and fires you because of that, it is illegal whether or not you are actually gay, lesbian, bisexual or straight.
  • You are treated differently once your employer learned that you were homosexual or bisexual.
  • You are constantly harassed by comments or jokes about your mannerisms or sexual activity, which affects your ability to perform your job.
  • Your employer treats you differently from others who do not have your sexual orientation.
  • Your employer denies you benefits or rewards, or you suffer harsher treatment from management, based on your sexual orientation.
If you are experiencing any of these issues in your workplace, and you feel that you are being discriminated against because of your sexual orientation, your employer may well be violating the laws. An employment attorney may be able to help and guide you. We at Schwartz & Perry will be glad to discuss your concerns with you. Our initial interview will be free of charge. We will then be able to determine whether we believe we can help you and you will decide whether you wish to invite us to do so.

New York Employment Lawyer Blog: Sexual Orientation Discrimination