Employment discrimination against LGBTQ+ individuals involves various forms of unequal treatment based on sexual orientation, gender identity, or expression. Discrimination based on these protected characteristics is illegal, but those in positions of power are often slow to change.
This article will look at the challenges and discriminations faced by those in the LGBTQ+ community, specifically when employment is involved. We’ll tell you what to do if you find yourself facing these discriminatory acts and how Gash & Associates, P.C. can ensure your rights are protected.
Forms of Discrimination
Discrimination against a protected group can show up in several ways. Often, perpetrators believe it is their job to keep those with lifestyles they disagree with out of their labor force. Here’s a list of common discriminations to watch out for:
Hiring Practices: LGBTQ+ candidates might be overlooked for jobs despite being qualified.
Income Inequality: Studies have shown that LGBTQ+ individuals often earn less than their heterosexual counterparts, even with similar qualifications and experience.
Benefits and Spousal Rights: Differences in benefits, such as health insurance and spousal benefits, can also be a form of discrimination for same-sex couples.
To combat this discrimination, companies should implement more inclusive policies as well as mandatory diversity training. Let’s look at the steps New York has taken to stamp out discrimination in the workplace before it starts.
LGBTQ+ Discrimination and New York Employment Laws
New York has passed several strong laws and policies to combat LGBTQ+ discrimination both in the public and private sectors. Let’s focus on the ones that involve employment and look at what these laws aim to provide:
Comprehensive Coverage: The New York State Human Rights Law and several White Plains local laws prohibit discrimination against LGBTQ+ individuals in various places. Employment, housing, public accommodations, education, and credit are all examples of areas where these individuals are protected.
Sexual Orientation Non-Discrimination Act (SONDA): SONDA was implemented in 2003, and it specifically prohibits discrimination based on sexual orientation in employment. This act also included protection for asexuality, which was a significant step in recognition for that group.
Gender Identity Protections: At first, New York’s laws did not include protections for gender identity. However, this changed with Governor David Paterson’s executive order in 2009, which banned discrimination based on gender identity in state employment. Courts have since ruled that transgender individuals can pursue anti-discrimination claims under the category of “sex.” In January 2019, the Gender Expression Non-Discrimination Act (GENDA) was signed into law, adding gender identity to the state’s anti-discrimination laws.
Have You Been the Victim of LGBTQ+ Discrimination in the Workplace?
If you believe you’ve faced workplace discrimination as an LGBTQ+ individual, consult with an attorney specializing in employment law and LGBTQ+ rights. Familiarize yourself with the laws mentioned in this article and reach out to Gash & Associates today. We have a long history of helping people just like you.
Gash & Associates: Fighting for LGBTQ+ Rights
Remember, each case is unique, and our legal professionals can provide personalized advice based on your specific situation. Call Gash & Associates today at (914) 328-8800 for a free consultation.