SEXUAL ORIENTATION/LGBTQ

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A new era in LGBTQ rights has arrived. While New York City and State already had protections in place, in June 2020, the United States Supreme Court finally followed suit. It ruled that the language of Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, applies to discrimination based on sexual orientation and gender identity.

Sex discrimination now includes being treated differently or harassed because of a real or perceived sexual orientation—whether gay, lesbian, bisexual, or heterosexual. An employer who treats an individual differently merely for being gay or transgender violates the law.

The Law 

  • It is unlawful to harass or mistreat an applicant or employee because of that person’s sexual orientation. Harassment can include any adverse employment action.
  • Relevant Statutes: Title VII of the Civil Rights Act of 1964 as amended; NYS Sexual Orientation Non-Discrimination Act (SONDA) and; NYC Human Rights

 

Protected Individuals

  • All employees are protected.

Potential Violators

  • The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
  • Both victim and the harasser can be of the same sex and sexual orientation.

Protections Under the Law

  • The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
  • An employer may not base an employment decision on an employee’s sexual orientation without a legitimate business reason—these are very rare.
  • Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision such as the victim being fired or demoted.
  • The law makes it illegal for an employer or other covered entity to use an employment policy or practice that applies to everyone, regardless of sexual orientation, if it has a negative impact on people of a certain sexual orientation and is not job-related or necessary to the operation of the business.