Sexual Orientation Discrimination

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SEXUAL ORIENTATION DISCRIMINATION & GENDER IDENTITY DISCRIMINATION IN THE WORKPLACE LAWYER NY

We’ve helped employees just like you recover millions in damages. We can help you too!

Do you think that you might have been a victim of sexual orientation discrimination? The labor and employment law firm of El-Hag & Associates, P.C can help you. Our Westchester New York sexual orientation discrimination law firm specializes in workplace sexual orientation discrimination and harassment.  We have recovered millions of dollars for victims of workplace discrimination. We have brought sexual orientation and other types of gender discrimination lawsuits, such as gender discrimination and pregnancy discrimination,  against small businesses and major multinational corporations and have achieved excellent results for our clients.

While there are laws that are passed to secure safety and security for LGBT people in the workplace there is still a long way to go before LGBT people can feel completely safe and secure at work. It wasn't until 2003 that the US Supreme Court ruled that sexual orientation discrimination is a form of sex discrimination. Unfortunately, this landmark decision hasn't led to an end to workplace discrimination against gay and lesbian employees. In fact, surveys have found that approximately one-third of gay and lesbian employees experience some form of workplace discrimination.

One of the main reasons why LGBT employees experience such rampant discrimination is because many employers believe that homosexuality is a lifestyle choice that is incompatible with work or organizational values. Additionally, many employers believe that all LGBT employees are likely to be sexually promiscuous and/or HIV-positive. Consequently, many LGBT employees are forced to keep their sexuality a secret to maintain their jobs.

Despite the prevalence of workplace sexual orientation discrimination, there are several things that employees can do to protect themselves from such abuse. First and foremost, employees should ensure that they are up-to-date on their rights

In fact, based on current data, LGBT people are four times more likely to experience workplace discrimination than heterosexual people. This means that even if you are lesbian, gay, bisexual, or transgender (LGBT), there is still a lot of work to do to feel comfortable and accepted in your job.

If you think you might be a victim of workplace sexual orientation discrimination, please call us today for a free consultation. We can quickly assess your case and let you know the options available to you.  In most cases, it is very difficult to prove sexual orientation discrimination because there is no “smoking gun”, which is why it is best to schedule a consultation with our employment and labor law firm and go through the facts and develop a plan.

WHAT IS WORKPLACE SEXUAL ORIENTATION DISCRIMINATION & GENDER IDENTITY DISCRIMINATION

Sexual orientation discrimination and Gender Identity discrimination in the workplace is a form of sex discrimination that happens when an employee is treated differently than when an employer treats an employee or job applicant differently because of sexual orientation and Gender Identity discrimination. Sexual orientation discrimination and Gender Identity discrimination can occur in the hiring process, job assignments, promotions, and other aspects of employment.

Sexual orientation discrimination and gender identity discrimination violate federal law under Title VII of the Civil Rights Act of 1964 and apply to employers with 15 or more employees, including local and state governments and educational institutions. The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces Title VII and other anti-discrimination laws.

If you believe you have been the victim of sexual orientation discrimination or Gender Identity discrimination at work, contact our experienced labor and employment workplace discrimination attorney to discuss your case. An attorney can help you determine whether you have a valid claim and what steps to take to protect your rights. Sexual Orientation and Gender Identity discrimination for both women and men can be extremely damaging to someone's career and mental health, and it is unfortunately very common in the workplace.

You must speak up if you believe you have been the victim of sexual orientation or gender identity discrimination in the workplace. Laws in place protect workers from sexual orientation and gender identity discrimination, and you may be able to file a claim against your employer. Our experienced labor and employment law firm can help you understand your rights and options.
Examples of Workplace Sexual orientation or Gender Identity Discrimination in New York

There are many examples of workplace sexual orientation and gender identity discrimination in New York. One typical example is when, for example, heterosexuals or paid more than members of the LGBT community for the same job. This is called the wage gap, and it exists in nearly every industry in New York. Trans women often experience an even more significant wage gap. In other sexual orientation discrimination cases, it may take the form of sexual harassment or a hostile work environment, and Pregnancy that is created by comments or conduct that is directed at employees based on their sexual orientation.

Examples Of Sexual Orientation Discrimination and Gender Identity Discrimination In The Workplace

  • Pay disparities based upon sexual orientation

  • Promotions and job opportunities that are not equally available and based on sexual orientation

  • Failing to provide equal access to development and training opportunities to members of the LGBT community and others based upon sexual orientation

  • Harassment such as intimidating comments, gestures, and jokes harassing or intimidating the employee based upon their sexual orientation

  • Denial of promotions while employees with less experience are promoted for sexual orientation based reasons

  • Employer gives benefits to some employees’ families while not providing benefits to LGBTQ employees’ families because of their sexual orientation

  • Denying promotion or hiring of an individual because of their sexual orientation or sexual identity

  • Getting Paid less salary than males doing equivalent work

  • If in the course of a job interview you are asked about your sexual orientation or gender identity

  • Denial of working hours modification request to care for children where the parents are in a same-sex marriage while other employees are granted such requests

What Is Not Sexual Orientation or Gender Identity Discrimination or Harassment

At El-Hag & Associates, P.C we receive calls every day from people who believe that they have been discriminated against because they feel that they lost their job for unfair reasons, or because the workplace is not fair. This is not sexual orientation or gender identity gender discrimination by itself. To learn if the treatment on your job is due to fairness in the workplace contact the employment and labor law firm of El-Hag & Associates.

It is not harassment when people in the workplace make petty slights, are generally annoying, or make isolated discriminatory or derogatory remarks (unless extremely serious) about your sexual identity or orientation. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.

Sexual Orientation and Gender identity Discrimination. Sexual orientation Discrimination and gender identity discrimination must occur because of your being part of a protected class. For example, an employer can decide that he will fire any person if they come 1 minute late to work, even if it happened only 1 time. But it would be discriminatory if the employer said that he is only going to apply that policy to employees that are members of the LGBT community.

Our NY Sexual Orientation and Gender Identity Discrimination Law Firm Will Fight To Get you the compensation you deserve

If You Believe Your Employer Has Discriminated Against you Because of your Sexual Orientation or Gender Identity We Can Help You Recover What Is Rightfully Yours
  • No upfront fees or retainers - we get paid only if YOU get paid
  • ​8 in 10 clients recover tens of thousands, and 2 in 10 can recover life changing amounts.
  • Generally takes 4 - 9 months from start to money-in-your-pocket
  • Our workplace sexual orientation and gender identity discrimination lawyers will know how to best collect evidence to prove your case and build a strong argument.
  • Our experienced sexual orientation and gender identity in the workplace gender discrimination attorneys can negotiate on your behalf to get you the best possible outcome.
  • Our gender identity and sexual orientation discrimination lawyers can help you file a claim with the Equal Employment Opportunity Commission, which is the federal agency that handles gender identity and sexual orientation discrimination claims, and The New York State Division of Human Rights, Department of Labor, and other relevant agencies and bring your case to court which is unnecessary in most cases
  • Protection from revenge - your boss can’t fire you, change your hours or mess with your work environment, or harass you due to your job gender identification or sexual orientation discrimination and harassment claims against them - your boss can’t fire you, change your hours or mess with your work environment due to your job discrimination claim
  • You can recover money from any company you worked for in the past three years for workplace sexual orientation or gender identity discrimination
  • We’ll do all the hard work to get you your Money. You just need to give us the details. You (usually) won’t even have to show up
  • You can get your job back or front pay instead of getting your job back so you have money in your pocket while you look for another job.
  • Hiring our experienced NY workplace sexual orientation and gender identity discrimination law firm gives you the best chance of recovering the money that you deserve

How Do You Win An Workplace Sexual Orientation or Gender Identity Discrimination Lawsuit?

There are several factors that you must prove to win an employment gender identity or sexual orientation discrimination lawsuitIf you can answer yes to the following questions, you may have been a victim of employment discrimination:

1) Do you work at a company with 4 or more employees? The New York State Human Rights Law only protects employees who work for an employer with 4 or more employees. Federal Law requires that the employer employ more than 15 employees. So, the first thing to check is if you are protected by the law.

2) Did something bad happen to you at work? This is known as an “adverse employment action”. You must be able to show that something bad happened to you at work. Examples of adverse employment actions include:

  • Being fired

  • Being laid off

  • Not receiving a raise

  • Being demoted

  • Being passed over for a promotion

  • Being harassed at work

3) Are you a member of a protected class? To prove employment discrimination, you must show that you are a member of a “protected class”, for example, you of a member of the LGBT community or gender identity that doesn't affect job performance

4) Were you qualified to perform the job at issue? You must be able to demonstrate that you had the right skill set to perform the job at issue despite your disability.

  • An example of being unqualified- is if you apply for a job as a lawyer, but you don’t have a law degree, you won’t be able to say that you were discriminated against if a law firm did not hire you.
  • An example of being qualified and passed over in a discriminatory situation would be if you had the same or greater abilities than others who applied for a job position. Both you and the person that is not part of a protected class which includes sexual orientation and gender identity had equal experience working in the position you were applying for. If the other individual was hired but you were not, the company will have to be able to provide a legitimate reason that you, as a qualified individual were passed over for the job.

5) Does it seem likely that the sexual orientation or gender identity gender discrimination occurred because you are a member of a protected class? This means that there is some evidence that shows that something bad happened to you at work BECAUSE of your gender identification or sexual orientation. There must be a believable cause-and-effect relationship between your sexual orientation projective identification and the negative job action. For example:

  1. You were fired BECAUSE of your SEXUAL ORIENTATION or GENDER IDENTIFICATION
  2. You didn’t get a raise BECAUSE of your SEXUAL ORIENTATION or GENDER IDENTIFICATION`
  3. You were fired BECAUSE of your SEXUAL ORIENTATION or GENDER IDENTIFICATION

6) Is your employer’s reason for taking the adverse action a lie (“Pretext”)? Your employer can take any negative action in the workplace as long as there is a legitimate reason for it, and it is not retaliatory. In almost 100% of gender identity or sexual orientation discrimination cases, your boss is going to have an excuse that explains why you were treated badly. It is your responsibility to demonstrate that your boss’s excuse is not true and that the real reason is sexual orientation or gender identity discrimination. For example, if you are  and your employer fired you because you performed your job poorly or had a bad attitude, your boss can terminate you. But if the men act the same way and perform the job the same way as you, then your employer’s excuse that you performed poorly is most likely a lie.

Case Results and Testimonials

Case Results & Testimonials

  • James recovered $160,000 in severance pay and left work on his own terms.
  • Katrina recovered $60,000 when her employer denied her leave for her disabled child (3 years pay)!
  • Tony recovered $50,000 for losing his job after his boss made racists comments!
  • Monica recovered $25,000 in unpaid overtime because her boss incorrectly treated her as not entitled to overtime under the law as a salaried office worker.
  • Manuel recovered $45,000 as a deli worker because he worked more than 40 hours a week without overtime pay. The boss paid him off the books without paying him any overtime and we recovered an extra $10,000 in penalties.
Contact us right now for a FREE Job Sexual Orientation and Gender Identity Discrimination Consultation. If you don't act fast, you can lose your chance to recover!
Do I Have an Disability Discrimination Case

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Free No-Commitment Consultations relating to your workplace gender identity or sexual orientation discrimination matter

We do not charge a fee to investigate your sexual orientation discrimination or gender identity Discrimination at the workplace case

Labor & Employment Lawyers with Results, Resources & Experience

Our Free sexual orientation and gender identity Discrimination and harassment Consultations are Confidential and Private.

El-Hag & Associates is a highly Experienced & Successful Labor and Unemployment Law Firm in NY.

How We Help You Get the Compensation That You Deserve For Your Workplace Sexual Orientation and Gender Identity Discrimination Case In Just 4-9 Months

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Schedule

10-minute initial free wage evaluation. We give you the game plan that you can follow even if you do not want to work with us. Just fill out the form to start.

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Detailed Consult

If you decide to move forward, we build your case. Give us your documents. Give us the details.
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Demand Letter

We send a letter to your company. Many times we can get a settlement negotiated in the beginning without even going to court. You can get your money in as little as two months.
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Lawsuit

We file the lawsuit, we spend the money, you only have to be involved for a few hours over the course of the lawsuit. 90% of the time, we manage to settle the case, you get paid. 

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Finalize

Finish the lawsuit, you sign some papers and get your check.  

Don't Let Your Employer Intimidate You From Being Compensated For The sexual orientation or gender identification Discrimination in the Workplace That You Were Subjected To By Threatening Or Scaring You Into Inaction

  • You can sue any company you worked for in the past three years. It does not have to be a company at which you are currently working.

  • The law protects you. The law prevents retaliation. You can collect unpaid wages and benefits, and penalties, demand your job back, and even demand front pay (money to cover you for the time it would take to find new work.

  • Attorney-Client Privilege- We CANNOT tell anyone about your case unless you ask us to. Your call is 100% confidential and protected by the attorney-client privilege.

  • Attack only when you’re comfortable. We only move forward when you are ready. There is no pressure to start. You can have your workplace sexual orientation or gender identity discrimination evaluation, come up with a strategy, collect evidence, and begin when you are ready.

Why You Should Not Wait To Take Action Against Your Employer For Gender Discrimination in the Workplace

There Are Many Reasons You Need To Act Fast Before You Lose Your Chance To Start A Lawsuit To Recover Damages That You May Be Entitled To Against The Employer That Discriminated Against You because of your Gender
  • The Company can go out of business.

  • You can run out of time to bring a lawsuit if you haven't already

  • The company can be sold or transferred

  • Someone else could sue and complicate your chance of collecting your wages

  • The company could file for bankruptcy

  • The owner could die

Client VideoTestimonials

Justina Peets

Justina Peets

3 months ago via Google

Jordan and his staff was so professional, and on top of my case, they updated me throughout the process the whole way through! If i ever need a lawyer again i will be calling Jordan without a second thought.

Matthew Zekanovic

Matthew Zekanovic

a year ago via Google

Jordan and his team are the best at what they do. His professionalism is nothing but superior and made the whole process easy and stress free. There wasn't a single objective that he couldn't overcome. Jordan was nothing but honest, transparent, and easy to work with. Never at one point did I feel he wasn't trustworthy. He guided me in the right direction to achieve the best possible outcome, and succeeded. I wouldn't recommend anyone else but El-Hag & Associates!

Paul

Paul

a year ago via Google

I hired Jordan to take a look at a recent employment agreement. Unlike other lawyers, it was a pleasure communicating with him. We had an initial phone call and within 2 hours he read the documents, attached notes to specific parts of it and was able to break it down for me in plain English. He has been available for follow up questions without demanding additional pay - which I appreciate. I work in the psychiatry field and have a very good sense for people and their trustworthiness. I will definitely be coming back to Jordan for any future legal advice associated with my business. I also plan to recommend him to colleagues, friends and family. A+ experience!

Jeffrey Medina

Jeffrey Medina

a year ago via Google

Very responsive and knowledgeable. Great guy who is willing to help no matter how big or small the issue or question.

Kinney Glass

Kinney Glass

2 months ago via Google

I was discouraged by other firms who told me it wasn’t worth effort. After the first time speaking with Jordan El-Hag I decided to place my faith in him. He was patient and meticulous. Always keeping me up to date with the case. When curveballs would come my way the team would reassure me not to worry. I will recommend everyone I know to El Hag and Associates.

Why clients prefer El-Hag Law

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Challenge

Company lied by saying employees should not be paid for travel time because they only used the construction headquarters for commuting.

Approach

Hired a private detective to video tape the construction yard in the mornings to show that the workday began when employees arrived to work.

Result

We secured for our client one of the largest single-person wage recoveries that the Judge had seen in his career!

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Challenge

Company tried to not pay our client who worked in an office overtime by claiming she was an exempt administrative employee and sales person. 

Approach

We got the business owner to lie under oath, and then showed the court the evidence of our client working at the restaurant. Subjecting the company owner to perjury charges.

Result

Our client secured $35,000 and was able to start a restaurant of his own with his family using the settlement money.

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Challenge

Company tried to not pay our client who worked in an office overtime by claiming she was an exempt administrative employee and sales person. 

Approach

We threatened to bring a class action lawsuit against the company because they misclassified all the workers in the same position, and we were able to negotiate a premium settlement for our client. 

Result

We secured our client $50,000 and she landed a new job the next week. She was able to buy a new car for commuting and put money into her retirement savings account.

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“El-Hag helped me recover $100,000 in unpaid overtime because the time spent traveling was not paid”

How can I sue my employer for sexual orientation or gender identity discrimination?

There are 3 ways that you can file a gender identity or sexual orientation discrimination lawsuit against your employer in New York. You need to decide what avenue you are going to take and give it careful thought because generally once you choose one option, you cannot change your mind and pursue another option. This is known as the “election of remedies”.

The 3 main ways to bring the lawsuit are:

1) File a lawsuit directly in New York State Supreme Court. You can file a lawsuit against your employer under the New York State Human Rights Law. You have three years from the time the discriminatory action occurred.

2) File a charge with the EEOC, NY Division of Human Rights (NYDHR) or another local agency. You can file a charge with the Equal Employment Opportunity Commission (“EEOC”) (Federal), NYS Division of Human Rights (State), or local agency (E.g. Westchester County). When you file with the NYS Division of Human Rights, the Division will dual file your charge with the EEOC and the cases will be investigated at the same time. If the agencies find that your claim has merit they will issue a probable cause finding and you can then have an administrative hearing to decide your case.

3) File a charge with the EEOC and NY Division of Human Rights, and then à file a lawsuit in Federal Court. If you file your charges with the EEOC and NYDHR, you can choose to file a lawsuit in Federal Court if you do not want to proceed with these agencies. Once you obtain a right to sue letter from the EEOC, you have a limited time to file a lawsuit in Federal Court to pursue your lawsuit.

Awareness is the first step to stopping gender identity and sexual orientation discrimination. If any of the sexual orientation or gender identity discrimination work violations applies to you, then you should call El-Hag & Associates, P.C today. The most important thing is to keep track of the sexual orientation or gender discrimination and harassment you were subjected to at work. Do not rely on your employer or others to do that for you.

In Westchester New York, many working men and women living in Yonkers, Mount Vernon, and New Rochelle are victims of disability discrimination. That is why El-Hag & Associates, P.C is a Westchester sexual orientation and gender identity discrimination on the job law firm, focusing on employment and labor law in Westchester New York. If you find that you have been discriminated against at work, contact El-Hag & Associates, P.C today and we can help you get the compensation that you deserve. Make sure you protect your rights and your livelihood.