New York Employment Attorneys Blog

Ten years ago, this question did not phase people. But as social media becomes more popular, so do questions regarding what you can and can't post on Facebook, and how those comments posted will affect your employment.

Recently, Viki Knox, a public school teacher at Union High School in Union Township, New Jersey posted on her public Facebook page "homosexuality is a perverted spirit that has existed from the beginning of creation." That comment has sparked a debate about what teachers should be allowed to say on public, or even private, Facebook pages. Although no official decision has been made yet regarding Ms. Knox's future employment with the Department of Education, concerns over Ms. Knox' overall conduct within school grounds or even her ability to enforce new anti-bullying laws have been questioned by many.

Should Ms. Knox be allowed to keep her job? Furthermore, should we regulate what teachers say online, and by how much? Follow the story as it develops here.

As the law stands today, federal law does not forbid discrimination based on sexual orientation in the same way it forbids discrimination based on gender, pregnancy or race. That is why democratic leaders have proposed the Employment Non-Discrimination Act ("ENDA") which failed to move during the 111th Congress.

The idea was then suggested that President Obama could issue an executive order barring federal contractors from engaging in anti-LGBT (Lesbian, Gay, Bi, Transexual) job discrimination. While President Obama said he supported ENDA, White House Press Secretary Jay Carney refused to say whether or not President Obama would issue an executive order on the matter.

This Friday, House Minority Leader and former Speaker Nancy Pelosi (D-CA) endorsed the idea of President Obama issuing this executive order. Others who have voiced support for this potential directive are Jared Polis (D-CO) as well as Tom Harkin (D-IA) and Jeff Merkley (D-OR). "It's time the government stopped doing business with businesses that discriminate against LGBT Americans" said Richard Socarides, president of Equality Matters, a group advocating for gay rights.

Also, for the Washington Blade, an information website dedicated to the gay community, this executive order could complement ENDA even if the legislation is passed. It would provide LGBT people seeking remedies with two different causes of action. The directive would provide recourse through the Department of Labor while ENDA would provide recourse through the EEOC.

The issue of gender-identity discrimination has been discussed many times throughout this blog. Today, this particular form of discrimination is still a problem as it is not always recognized.

Connecticut Gov. Dannel P. Malloy just signed a bill known as "An Act Concerning Discrimination", extending workplace protection to transgendered workers. It is now the 15th state to protect against this form of discrimination.

It will now be illegal to unfairly prevent employment or fire workers solely based on their gender-identity, as opposed to job performance.

While Connecticut law has protected workers against discrimination based on sexual orientation since 1991, the legislation concerning gender-identity has just been signed today.

Although some New England states including Maine, Rhode Island, and Vermont have laws baring gender discrimination, New York state only currently protects against discrimination based on sexual orientation.

A pair of trainers at the David Barton Gym in Chelsea, New York have filed a lawsuit alleging that they were discriminated against repeatedly for being lesbians. The pair, a personal trainer and a pilates instructor, reportedly were on the receiving end of numerous comments and harassing actions by their superiors.

One of plaintiffs stated that she was continually called derogatory slurs and that her direct manager saved her name in his phone as "Dyke". The two also claim that other trainers would proposition them for sex, and tell them that they should go vacation on the island of Lesbos.

The pair complained about their harassment by superiors and managers at the gym. The gym, rather than responding to the allegations, terminated the two employees on December 2nd stating that they were terminated for training non-members. The pair stated that other straight trainers were doing the same, and were not even reprimanded for their behavior.

The gym was founded in Chelsea in 1994 and is generally considered a gay-friendly gym, making these allegations all the more troubling. A non-related lawsuit was filed by a member in 2005 claiming that he was repeatedly hit on by gay members at the gym and was sexually harassed by employees and members.

We've seen a dramatic rise in anti-gay employment discrimination coming to light. This is not to say this behavior is new or demonstrates a new attitude, rather that it's likely that more and more individuals are comfortable with coming forward with these claims and standing up for their rights. If you feel you've been discriminated against because of your sexual identity, contact us today to evaluate your rights.

Following a series of court decisions regarding the legality of the US Military's "Don't Ask, Don't Tell" policies for gay servicemen and women, the Pentagon has backtracked and has begun to allow openly gay recruits into the service.

Yesterday afternoon, a number of individuals came forward to enlist in the US Military following this decision, marking a historic shift in the military's policies towards openly gay individuals. Previously, openly gay individuals serving could and have been court martialed and expelled from the military for revealing that they were gay.

This is a huge victory for civil rights, and Americans wishing to serve their country. "Don't Ask, Don't Tell" has been one of the most prominent, government sanctioned cases of employment discrimination in history. Countless talented and proud American's have been removed from the Army for no other reason than they were gay. In a time when the country is fighting two wars overseas, the Army has no justification for enforcing such discriminatory and antiquated policies.

While the development is certainly newsworthy, recruits are cautioned that the pending appeal on DADT may be granted, and that the policy may return if the appeal is successful. In the meantime, gay American's that wish to serve their country may do so with less fear that they will be removed as a result of their sexual preference. We call upon President Obama to fully overturn DADT and intervene in the Justice Department's pending appeal.

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.