Know Your Rights: The fight goes on,
but some laws already provide protection
Unlike same-gender sexual harassment claims, if an individual is harassed or fired from her private employment on the basis of her sexual orientation or affectional preference, most of the major federal discrimination laws will not protect her. Homosexuality plus certain other factors may support the constitutionality of certain adverse employment actions in varied government positions.
Unfortunately, the recent Employment Non-Discrimination Act, which would have amended Title VII to include discrimination based on sexual orientation, failed in both houses of Congress. While sexual orientation discrimination still exists, the good news is that eight states and the District of Columbia have incorporated full protection for employees against employment discrimination on the basis of orientation into their human rights laws.
Employees in New York have been more successful in creative lawsuits not based on discrimination against gays and lesbians directly, but upon conduct otherwise proscribed by Title VII. For example, in one recent case, the Plaintiff successfully argued that his involvement in a church-related organization that promotes homosexual rights was a religious practice protected by Title VII. The Court found that membership in a group that advocates homosexual rights may be a religious belief within the meaning of Title VII. Additionally, arguments have been successfully made that pervasive harassment against an individual due to his or her sexual orientation is in violation of the Equal Protection and Due Process clauses of the United States Constitution. While much of this information can be somewhat confusing, we can certainly help you make sense of this all.
Words cannot explain the respect and gratitude I have for the Tuckner, Sipser, Weinstock & Sipser team. Mr. Tuckner and Mr. Sipser took my case when I thought I didn’t have one or not even knowing the outcome. They are a brilliant team. They were always courteous and professional to me. They are intelligent and know their work very well. Thank you Mr. Tuckner. Thank you Mr. Sipser. Thank you Mr. Jaros. Thank you Ms. O’Rell. Thank you Ms. Carmi, for all your hard work and efforts you put into my case with great results. I highly recommend this team to anyone, who may need representation in their legal battles of violations in the workplace. I will forever be appreciative to this brilliant team!!!
Google Review 5 Stars – D.M.
Sexual Orientation Discrimination News & Insights
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- The Supreme Court Issues a Favorable Ruling for LGBTQ Employment Rights
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- WorldPride NYC 2019: The 50th Anniversary of the Stonewall Uprising
- The Secret to Filing Administrative Complaints with the EEOC or the SDHR: Don’t Do It!
- Human Rights Watch Film Festival 2016: Riveting Accounts of Enduring Struggles
- Are cases involving gay people and women on different trajectories?
- Kansas Senate Comes Out Against Anti-Gay Legislation