LGBTQ+ Employees Are Protected from Workplace Discrimination
Employers cannot discriminate against employees because of sexual orientation, gender identity, gender expression, transgender status, nonbinary identity, or perceived LGBTQ+ status. In New York City, these protections are especially strong under the New York City Human Rights Law, N.Y.C. Admin. Code § 8-107. The New York State Human Rights Law and federal law also protect many LGBTQ+ employees.
The U.S. Supreme Court held in Bostock v. Clayton County, 590 U.S. 644 (2020), that discrimination because of sexual orientation or transgender status is discrimination “because of sex” under Title VII. New York City and New York State law also expressly protect sexual orientation and gender identity or expression.
Examples of LGBTQ+ Discrimination
LGBTQ+ discrimination may include:
- Refusing to hire or promote an employee because they are gay, lesbian, bisexual, transgender, queer, or nonbinary.
- Misgendering an employee or refusing to use correct names and pronouns.
- Harassing an employee about their appearance, voice, clothing, spouse, partner, or dating life.
- Outing an employee or threatening to disclose their LGBTQ+ status.
- Denying restroom access consistent with gender identity.
- Applying dress codes differently based on gender stereotypes.
- Penalizing an employee after they complain about anti-LGBTQ+ remarks.
- Firing an employee after learning they are transitioning or after they bring a same-sex spouse to a work event.
- LGBTQ+ discrimination can come from coworkers, supervisors, executives, owners, clients, customers, or vendors. Employers may be responsible when they know about harassment and fail to take appropriate action.
Hostile Work Environment and Retaliation
A hostile work environment may exist when anti-LGBTQ+ comments, jokes, exclusion, misgendering, or other conduct makes the workplace unequal or abusive. Under the New York City Human Rights Law, employees do not need to show the same level of severity required by federal law. The broader city-law standard described in Mihalik v. Credit Agricole Cheuvreux N. Am., Inc. can be important for employees whose claims involve repeated disrespect, stereotyping, or unequal treatment.
Retaliation is also unlawful. An employer cannot punish an employee for objecting to anti-LGBTQ+ discrimination, reporting harassment, supporting another employee’s complaint, or requesting equal treatment.
New Jersey LGBTQ+ Discrimination Claims
The New Jersey Law Against Discrimination, N.J.S.A. 10:5-12, prohibits discrimination based on sexual orientation, gender identity or expression, sex, and other protected traits. New Jersey employees may also bring hostile work environment or retaliation claims under the NJ LAD.
Related Fingerhut Law Pages
Hostile Work Environment, Retaliation for Protected Activity, Sexual Harassment, Wrongful Termination, NJ LAD.
Contact Fingerhut Law
If you experienced LGBTQ+ discrimination, harassment, misgendering, outing, retaliation, or termination at work, contact Fingerhut Law for a confidential consultation.
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