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Everyone should be able to work without being treated unfairly because of sexual orientation, gender identity, or gender expression. Yet LGBTQ+ employees may still encounter biased hiring decisions, unequal treatment, harassment, or retaliation at work.
New York law prohibits covered employers from discriminating against workers on these grounds. The details matter: the applicable law and available options can depend on where the work takes place, the employer, and what happened. This guide explains common examples, practical steps employees can take, and when to speak with a lawyer.
If you believe you were treated unfairly because you are LGBTQ+, Lipsky Lowe’s New York LGBTQ+ workplace discrimination attorneys can review the facts and discuss possible next steps.
What Is LGBTQ+ Workplace Discrimination?
Workplace discrimination happens when an employer makes an employment decision or imposes a disadvantage because of a protected characteristic. LGBTQ+ discrimination can involve a person’s actual or perceived sexual orientation, gender identity, or gender expression. It can affect applicants and employees at different points in the employment relationship.
Examples may include:
- Rejecting an otherwise qualified applicant because the employer learns they are gay, lesbian, bisexual, or transgender.
- Firing, demoting, or denying a promotion to an employee because of their sexual orientation or gender identity.
- Applying different standards for pay, assignments, benefits, dress, or discipline based on a worker’s gender identity or expression.
- Allowing repeated slurs, misgendering, or other targeted conduct to affect an employee’s working conditions.
- Penalizing an employee for reporting discrimination, participating in an investigation, or supporting a coworker’s complaint.
A workplace disagreement or isolated rude comment does not automatically establish an unlawful claim. The context, effect on working conditions, employer response, and applicable law all matter.
New York Laws Protect LGBTQ+ Employees
The New York State Human Rights Law prohibits covered employers from discriminating in hiring, firing, compensation, and other terms or conditions of employment because of sexual orientation, gender identity, or gender expression. It also bars retaliation for opposing practices forbidden by the law. The New York State Human Rights Law’s employment provisions set out these protections.
In New York City, the Human Rights Law also prohibits discrimination in employment based on actual or perceived sexual orientation and gender, including gender identity and expression. It covers employment decisions and workplace terms and conditions. The city’s Human Rights Law, Section 8-107, describes prohibited employment practices.
Coverage and filing options can vary with employer size and type, location, and the circumstances. A worker may have more than one possible route, and filing deadlines can be short. It can help to get advice promptly before deciding how to proceed.
Harassment, Unequal Treatment, and Retaliation
Discrimination is not limited to hiring and firing. It can also involve unequal pay, denied benefits, exclusion from assignments or advancement, or different workplace rules. Harassment may include slurs, jokes, threats, deliberate misgendering, or other conduct tied to a worker’s LGBTQ+ identity. Whether the conduct violates the law depends on the facts and the legal standard that applies.
Retaliation is a separate concern. An employer generally may not punish a worker for raising a good-faith discrimination concern, taking part in an investigation, or otherwise exercising rights protected by law. Retaliation can take many forms, including termination, reduced hours, a demotion, or a sudden change in treatment. Keep a record of what happened and when, including any connection between a complaint and a later employment action.
For a related overview, see Lipsky Lowe’s article on LGBTQ+ discrimination and harassment in today’s workplaces.
What to Do If You Experience Discrimination at Work
- Write down what happened. Record dates, people involved, what was said or done, and how the incident affected your work. Keep copies of relevant messages, schedules, evaluations, and policies where you can lawfully access them.
- Review workplace reporting options. If it feels safe and appropriate, consider using the employer’s complaint process or speaking with HR. Keep a copy of any report and note who received it. An internal report is not always required before pursuing an external claim.
- Track any changes after you speak up. Note changes to assignments, hours, pay, evaluations, discipline, or communications, and when they began.
- Get legal guidance early. An employment lawyer can assess which laws may apply, explain possible agency or court options, and help you understand timing before you take a step that could affect your rights.
Do not take confidential business records or another person’s private information. If you are unsure what you may keep, ask a lawyer how to preserve relevant evidence lawfully.
How an Employment Lawyer Can Help
An employment lawyer can evaluate the events, identify potentially relevant state and city protections, and explain practical options. Depending on the facts, that may include helping prepare an internal complaint, evaluating an agency filing, negotiating a resolution, or bringing a claim in court.
Lipsky Lowe represents employees in workplace discrimination matters. Learn more about the firm’s New York employment discrimination practice or its workplace harassment representation. The right approach depends on the evidence, the employer, and the employee’s goals.
Talk With Lipsky Lowe About LGBTQ+ Workplace Discrimination
If you experienced unfair treatment at work because of your sexual orientation, gender identity, or gender expression—or faced consequences after raising a concern—consider getting advice about your options. An attorney can review the timeline, documents, and employer response and help you understand what steps may be available.
Contact Lipsky Lowe to discuss a workplace discrimination concern.