Employment Discrimination Laws People who self-identify as gay, lesbian or bisexual, should not tolerate discrimination or harassment because of their sexual orientation.  In the New York metropolitan area, there are strong laws protecting the rights of gay, lesbian and bisexual people from adverse employment action.  Click here to find out how to receive a FREE newsletter and consultation relating to your rights under such laws. New Jersey’s Law Against Discrimination  The New Jersey Law Against Discrimination (“LAD”) PROHIBITS employment discrimination based on sex, or affectional or sexual orientation.   The New Jersey Statute is clear and states, in part:   It shall be unlawful employment practice, or, as the case may be, an unlawful discrimination:    (a) For an employer, because of the race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, sex ... of any individual ... to refuse to hire or employ or to bar or to discharge ... from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment....

The LAD protects you from being fired, retaliated against, or harassed because of your sexual orientation.  However, as with any legal case, you should consult with an attorney to fully explore your rights and the strength of your claim.  Click here to find out how to receive a FREE newsletter and consultation.

New York’s Human Rights Law

Similarly, the New York Human Rights Law PROHIBITS unlawful discriminatory practices based on a person’s sexual orientation.  The New York Statute is clear and states, in part: 

1. It shall be an unlawful discriminatory practice:

(a) For an employer or licensing agency, because of the age, race, creed, color, national origin, sexual orientation, military status, sex, disability, genetic predisposition or carrier status, or marital status of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. 

While the New York Human Rights Law protects you from being fired, retaliated against or harassed because of your sexual orientation, you should consult with an attorney to determine the strength of your claim. 
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Federal Causes of Action           

Federal Title VII of the Civil Rights Act does not have language as clear as New York and New Jersey state statutes protecting people from discrimination based on their sexual orientation.  As a result, claims for such discrimination must be carefully presented to ensure that they will not be dismissed.  Such claims must be carefully presented so that they fall with the boundaries of “sex discrimination.”

In Bibby v. Philadelphia Coca Cola Bottling Company, 260 F. 3d 257 (3d Cir. 2001), the Court explained how discrimination based on sexual orientation could fall within the framework of “sex discrimination.”  The Court noted that a federal sexual orientation discrimination harassment claim should assert one of the following theories:  (1) harassers were motivated by sexual desires; (2) harassers were hostile toward the sex of the complainant in the workplace; or (3) harassers focused on the complainant because of his or her failure to comply with societal stereotypes of how a man or a woman ought to appear or act. 

When asserting a federal cause of action, it is imperative to consult with an attorney who is knowledgeable in the ways to assert a claim for discrimination based on sexual orientation. 
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