Workplace Discrimination · California & New York
LGBTQ+ Discrimination Attorney
Dealing with a lgbtq+ discrimination issue? Our California & New York employment attorneys can help you get the compensation you deserve.
Free Case ReviewCommon LGBTQ+ Discrimination Scenarios
Your Employment Rights in California & New York
If you have experienced lgbtq+ discrimination, both California and New York law provide strong protections. You may be entitled to:
- Back pay and lost wages recovery
- Compensatory damages for emotional distress
- Punitive damages in cases of egregious conduct
- Attorney's fees and litigation costs paid by the employer
LGBTQ+ Discrimination FAQ
What federal protections exist for LGBTQ+ workers?
The Supreme Court's 2020 Bostock v. Clayton County decision confirmed that Title VII's prohibition on sex discrimination includes sexual orientation and gender identity discrimination. This provides federal protection for all LGBTQ+ workers at employers with 15+ employees. The EEOC actively enforces these protections.
What additional protections do California and New York offer?
California FEHA explicitly prohibits discrimination based on sexual orientation, gender identity, and gender expression, covering employers with 5+ employees. New York's SONDA and the Gender Expression Non-Discrimination Act provide similar explicit protections. The NYC Human Rights Law is especially protective, covering all employers and applying a broad, victim-centered standard.
Must my employer accommodate my gender transition?
Yes. Under FEHA and New York law, employers must allow employees to present consistent with their gender identity. This includes using correct names and pronouns, allowing access to gender-appropriate facilities, and updating personnel records. California's Transgender Work Opportunity Act provides additional support. Employers cannot impose different dress code requirements based on assigned sex.
What should I do if I face anti-LGBTQ+ harassment at work?
Document every incident with dates, witnesses, and details. Report the harassment to HR or management in writing. If your employer fails to act, file a complaint with the DFEH (California), DHR (New York), or EEOC. Contact an employment attorney to discuss your options. Both California and New York laws provide strong remedies including compensatory and punitive damages.
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