New York Employment Attorneys Blog

Popular online dating site eHarmony has settled a class action lawsuit where they were accused of discriminating against a number of individuals trying to use the site. In response to earlier cries of discrimination and lawsuits claiming that the site barred gays from looking for partners, eHarmony created a separate site for gay individuals to find dates, called Compatible Partners. Users of that site however have claimed discrimination against eHarmony, stating that bisexual users were discriminated in that they were forced to buy two subscriptions in order to use the service.

You can read the full article on Consumerist here: Dating Site eHarmony Settles Same-Sex Class Action For $2 Million

A 17-year old Florida teen had tried to apply for a job at a Florida area McDonald's. Filling out the online application, the teen decided not to check a box for the sex area, as she is transgender.

Following up at the in person interview, Ms. Bellamy told the two managers that she was transgender. Following the interview, she received a voicemail from on of the managers claiming that she had lied to him, and that "McDonald's does hire [expletive].

The manager was fired following the release of the tape, which has the manager outright insulting this woman for trying to find a job at McDonald's, and that McDonald's would never hire someone like her.

Ms, Bellamy's case continues to garner attention in Florida and around the country. She has initiated a lawsuit under Florida law, which recognizes gender identity as a protected class concerning employment matters.

This also highlights the need for strong Federal protections against gender discrimination and transgender identity issues. Looking forward to the Employee Non-Discrimination Act, which would bring a number of protections to people such as Ms. Bellamy.

The original article can be found at the Consumerist-McDonald's Manager To Transgender Woman: We Don't Hire [Gay Slur]- , including a link to a video containing these comments from the manager, as well as links to the Transgender Legal Defense and Education Fund.

On September 25, 2009, the House heard oral arguments in favor of the passing of the Employee Non Discrimination Act. The ENDA would be an important step in amending current employment law to include protection for LGBT employees throughout the country. The bill is aimed at ending discrimination against employees based on their sexual orientation or gender identity.

The arguments for passage included testimony from workers whose employment had been adversely affected by their sexual orientation or gender identity. One state worker in Georgia recalled being let go when she informed her supervisor that she was planning to have gender transition surgery.

This bill is extremely necessary in that currently there is a lapse in any protections for individuals. No federal law currently exists which would protect people from termination or harassment in the work place based on their sexual orientation and gender identity. Rather, individuals must rely on a patchwork of local and state laws to have their rights adequately represented.

The ENDA would function alongside the Civil Rights Act of 1964 and further amendments to help shore up the rights of employees in the workplace. We here at the Harman Firm urge quick action on the ENDA, and help protect the rights of workers everywhere.

In a resounding victory for equal rights activists in America, Chai R. Feldblum has been nominated for the position of EEOC Commissioner. President Obama nominated the Georgetown Law professor to sit on the commission given her diverse and unique experience in working with equal rights issues.

Feldblum is a noted gay activist, heading up programs including the American Civil Liberty Union's AIDS project. Most notably, she had a role in drafting the American's With Disabilities Act of 1990.

The EEOC is led by 5 commissioners, which oversee the operation of the organization. The addition of Feldblum is a step in the right direction for the Obama administration, which had come under fire recently for its distancing itself from the gay rights community. With Feldblum acting as a commissioner, gay rights activists can hope to see that further advancement will be made towards eradicating work place harassment.

Currently, few states and municipalities offer the same sorts of protections afforded to harassment based on gender or nationality. Hopefully, with the Obama administration and Feldblum we can one day ensure that no worker will be harassed based on their sexual orientation.

A number of residents in a Kew Gardens, Queens Co-op building are fuming over their treatment by other residents and management of the building. A number of gay couples have come forward with allegations of discrimination and anger directed at them based on their sexual orientation.

Among the complaints is that the management, who refused to make required repairs to their apartments, including refusing to repair an apartment after a water pipe had burst in an apartment. As well, notes were left on the gay couple's doors adorned with hateful slurs.

Some residents even referred to the floor on which three of the couples lived as the "AIDS Floor". A few of the couples have sued for damages resulting from the failure to repair, but the lawsuits have only brought more retaliation against these couples based on their sexual orientation, causing one couple to bring a discrimination lawsuit.

This sort of behavior should never have to be tolerated by any individual. Discrimination on the basis of ones sexual orientation is always wrong, and often illegal. The Harman Firm believes that every individual has a right to live the way the choose, without discrimination or harassment from others.

In the midst of the backlash from gay rights groups concerning his recent actions on the Defense of Marriage Act and extending limited benefits to gay couples, President Obama was also working on legislation that would include transgendered employees in anti-discrimination codes. This act would mark the first time that the Federal government has given protection to transgenedered individuals, and marks a turning point in the legal acceptance and equal protection of these people.

The main effects of this move will to allow for transgendered individuals to use their status in discrimination claims, similar to other statues protecting people from discrimination based on their gender, race, or religion. While transgendered individuals make up a small small fraction of the Federal workforce, this decision will likely be a greater symbolic victory for these people who have long been neglected and unprotected by legislation.

The inclusion of transgendered individuals is historic as it marks the first time that the Federal Government has recognized this group as a protected class. As well, this could mean sweeping changes in local and state organizations as states move to adopt anti-discrimination laws to protect transgendered people from discrimination. What was once a fringe issue rarely discussed is now getting pushed into the mainstream as it should, starting with Federal acceptance and protection of these people

On June 17, President Obama announced that he would extend benefits of Federal employees to same sex couples, taking a small step towards workplace equality. Specifically, Federal employees will now be able to add their same sex partners to their long term insurance policies, and can use sick days to take care of their partners and non-biological children. We applaud this decision.

While it is a small gesture, it marks a step in the right direction for inclusion of gay couples in deciding benefits, as well as advancing the equality and protection of the rights of gay workers. Currently, there is no Federal statue that prohibits individuals being discriminated against because they are gay, leaving these people vulnerable to mistreatment and persecution.

Under the Obama administration, we could hope to look forward to more of these acts that will span the gap between gays and non-gays in the workplace. While minor, it could be a sign of a major sea change in employment law, eventually leading to the much contested "Don't Ask, Don't Tell" policy discriminating against homosexuals in the military.

Two female workers for the Department of Environmental Protection have filed a federal complaint against their department, alleging a long history of discrimination. The complaint, filed with the EEOC, outlines the patterns of harassment and retaliation suffered by two lesbian workers at the hands of their predominantly male coworkers and supervisors.

The pair, Lillian Padilla and Magda Rodrieguez allege that they found that their truck was constantly littered with pornography, that they were called derogatory names for being lesbians as well as being threatened and harassed for complaining about their situations.

Furthermore, there were no shower facilities for the two workers who spent much of their day working in sludge and grime around New York. The two contend that there were originally 13-15 female employees in the Department of Environmental protection, but the systematic sexism and harassment by "the old boys network" has forced many of the women out to find new jobs.