LGBTQ Discrimination Lawyer New York

Although the past decade has seen great advancements in rights for LGBTQ individuals, workplace discrimination against LGBTQ employees and job applicants is still a serious problem.

On June 15, 2020, the U.S. Supreme Court ruled that employees are protected against discrimination based on sexual orientation and gender identity, under the Civil Rights Act of 1964​. Prior to that, a whopping 28 of the 50 U.S. states had zero state-level protection against this type of discrimination.

As of 2020, 91 percent of Fortune 500 companies have policies that prohibit discrimination based on gender identity, and 93 percent have non-discrimination policies including sexual orientation. These encouraging statistics among Fortune 500 companies along with the June 15 Supreme Court ruling are positive steps in the right direction, but significant work remains before LGBTQ workers feel comfortable being their true selves in the American workplace.

At Joseph & Norinsberg LLC, our team of highly-skilled, compassionate workplace discrimination attorneys has extensive experience in employment-based harassment and discrimination of LGBTQ individuals and an impressive track record of getting our clients the justice—and compensation—they deserve. If you are being treated unfavorably due to your gender identity, sexual orientation, or for any other gender-based reason, you do not need to suffer in silence. Contact us today for a free and confidential consultation about your case.

If You Feel You Have Been Exposed to Illegal LGBTQ Discrimination in the Workplace, You Are Not Alone

LGBTQ workers often face discrimination and hostility at their place of employment. In fact, 20 percent of Americans who identify as lesbian, gay, bisexual, transgender, or queer have suffered from discrimination or harassment on the job or when applying for jobs.

The problem is even greater for LGBTQ people of color, who are 32 percent more likely to be discriminated against than their white counterparts. And transgender employees suffer additional types of discrimination, including accessibility to lavatories and deliberate misuse of pronouns when someone is referring to them in conversation or writing.

Fear of harassment is one of the primary reasons that nearly half of all US-based LGBTQ workers remain closeted. Many LGBTQ employees report altering the way they speak or how they dress in order to hide their gender identity or sexual orientation in the workplace.

Employee Rights and Protection Against LGBTQ Employment Discrimination

Concealing your true self to avoid discrimination at work can be infuriating, traumatizing, and exhausting. If you are being discriminated against as an LGBTQ employee or job applicant, or you believe that disclosing your true self will put you in harm’s way, it is in your best interest to consult with an experienced New York and New Jersey LGBTQ discrimination attorney today.

In addition to the protections under the Civil Rights Act, NY-based LGBTQ workers are protected under the Sexual Orientation Non-Discrimination Act (SONDA) and the Gender Expression Non-Discrimination Act (GENDA).

SONDA​ is a NY law prohibiting sexual orientation-based discrimination in the workplace, public accommodations, housing, credit, education, and the exercise of civil rights.

GENDA​ is a NY law prohibiting discrimination based on gender identity and gender expression in the workplace, public accommodations, and housing. It also adds gender identity and expression to the state’s hate crime laws and enhances penalties for these crimes.

LGBTQ Discrimination Examples In The Workplace

According to research conducted by the National Institutes of Health (NIH), the most common types of discrimination faced by LGBTQ individuals include:

  • ​ Slurs and offensive jokes (57 percent)
  • ​ Microaggressions (53 percent)
  • ​ Sexual harassment (51 percent)
  • ​ ​Violence (51 percent)
  • ​ Harassment related to bathroom use (34 percent)

Frequently Asked Questions

How to prove sexuality or gender discrimination?

If you are being harassed or discriminated against at work, it is important to document and/or record any discriminatory behavior when possible. For example, if a supervisor sends an email requesting that you “act straight” at an upcoming client meeting, keep the email as evidence. If the actions or behaviors are not recorded via email, text, or voice message, ask any witnesses if they would make a statement in support of your claim.

Even without direct evidence, an experienced discrimination lawyer may be able to build a case against your employer. If there is a monthly client golf outing and a transgender employee is the only employee excluded every time, this could serve as evidence of discrimination.

What types of compensation are available to you as a victim of LGBTQ discrimination?

As with all employment discrimination cases, damages for LGBTQ discrimination in the workplace vary widely from case to case. However, damages commonly include compensation for lost wages, loss of benefits, and emotional pain and suffering.

What should you do if you are being discriminated against because of your sexuality in the workplace?

As stated above, record, record, record. It is also in your best interest to consult with an employment attorney who has experience in discrimination, specifically as it relates to LGBTQ employees. This is a complex and constantly-evolving area of the law, and you want a lawyer with extensive knowledge of state and federal laws and protections.

Contact Joseph & Norinsberg LLC Today

If you are a victim of LGBTQ discrimination in the workplace, the skilled attorneys at Joseph & Norinsberg LLC can help. Our compassionate, knowledgeable, and tenacious legal team has an impressive track record of obtaining substantial settlements for our clients, and we will fight tirelessly to get you the justice you deserve. Don’t suffer in silence for one more day; contact Joseph & Norinsberg LLC to book a free and confidential consultation through our​ ​website​ today.

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We hold these truths to be self-evident:
That all men and women are created equal.

ELIZABETH CADY STANTON

We hold these truths to be self-evident:
That all men and women are created equal.

ELIZABETH CADY STANTON

OUR PRACTICE AREAS

Employee-Employee Harassment

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Hostile Work Environment

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Manager-Employee Harassment

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Obscene Gestures

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Reporting a Sexual Assault Claim

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Retaliation

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Same-Sex Harassment

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Wage and Hour Claims

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Our Practice Areas

Gender Discrimination

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Sexual Harassment

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Race Discrimination

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Wage And Hour

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Disability Discrimination

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Sexual Orientation (LGBTQ)

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Age Discrimination

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Pregnancy Discrimination

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Wrongful Termination

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No one is above the law,
and no one is below it.

THEODORE ROOSEVELT

No one is above the law,
and no one is below it.

THEODORE ROOSEVELT

Glowing Client Reviews

I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved.

Jon and his team are amazing. They fought every step of the way for me and my family. My case was handled with such care and concern and Jon’s honesty gave me great confidence in his ability to win my case.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

Bennitta Joseph is committed to Justice. After be wronged at work in 2015, and discriminated against I felt very hopeless and wronged. I felt as though I had no hope standing up to a corporate giant, and no chance of winning. After explaining my case and sharing the facts Bennitta felt differently. She did warn me it would be a long and tough road and that I had to have thick skin. In my experience if you take Bennitta’s lead and trust her legal experience no case it too big, or too small for her…

Me trataron muy bien y estoy satisfecho con el servicio. Inicialmente llamé para unirme a un caso anterior, pero cuando ya era demasiado tarde para unirme a ese caso, estaban felices de luchar por un segundo caso. No pensé que podrían hacer que otro caso funcionara, pero lo hicieron. Aprendí cuáles son mis derechos en cuanto a salario mínimo y tiempo extra y puedo usar esta información en el futuro. Recomiendo mucho la oficina.

New York Employment Attorney Profiles

NEW YORK EMPLOYMENT ATTORNEY PROFILES

Our Successful Case Results

$10.5M

Reinoso v. New York City Transit Authority

$7.0M

Morse v. Spitzer

$2.5M

Guzman v. City of New York

$2.0M

Code v. City of New York

$1.8M

Williams v. New York City Transit

$1.5M

Dominguez v. Moskowitz, M.D.

$1.4M

Carvalho v. MonteFiore

$1.4M

Zambrano v. Sound Shore Medical Center

$1.0M

R. v. City of New York

$750K

Rivera v. 260 W. 135 LLC

$750K

Levans v. Delta Air Lines, Inc

$600K

Jacqueline Winbush v. City of New York

$500K

Minor v. City of New York

$500K

Dortch v. Montefiore Medical Center

$400K

Zomber v. Village of Garden City

$190K

Marshall v. Randall

$175K

S.A. v. City of New York

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