New York City has one of the most robust anti-discrimination laws in the country. Indeed, in New York City, employers cannot discriminate based on a number of factors, including an applicant’s gender, sexual orientation, or partnership status. Despite the vigorous protections, employers continue to discriminate, especially against transgender individuals. In fact, the U.S. government openly discriminated against transgender individuals until very recently.
Back in June of last year, President Trump announced his intention to ban transgender individuals from serving in the nation’s armed services. Since the announcement of that upcoming regulation, courts across the country have seen numerous lawsuits filed in an attempt to preclude the Trump administration from putting the regulations into effect.
Several of those lawsuits resulted in federal judges ordering that the policy not go into effect, based on the fact that it likely violates the Equal Protection Clause of the United States Constitution. According to a recent news report, the Trump administration has decided not to appeal the rulings, and it has begun to allow transgender individuals to enlist as of January 1, 2018.
New York Gender Expression Discrimination
As noted above, under the New York City Human Rights Commission, it is against the law to discriminate against an individual based on their expressed gender.
In discussing discrimination, it is important to understand what exactly constitutes impermissible discrimination. While choosing not to hire someone based on an impermissible characteristic certainly is discrimination, it is not the only form of workplace discrimination. For example, if an employer treats employees differently based on an impermissible characteristic, this is also discrimination. This means that it is discriminatory conduct for an employer to be less flexible in approving time-off requests for transgender individuals, or to pass transgender employees over for deserved merit-based pay increases.
An employer allowing a pervasive hostile work environment to form can also constitute employment discrimination. This may be the case in situations in which management did not actually engage in any discriminatory conduct but failed to correct the unwelcome or discriminatory actions of other employees under the supervision of management.
The definition of discrimination in New York City is broad. And anyone who believes that they have been subject to illegal discrimination should contact a dedicated New York employment discrimination attorney to discuss their case.
Have You Been a Victim of Illegal New York Discrimination?
If you believe that you have recently been a victim of impermissible workplace discrimination, you should consult with one of the dedicated New York employment discrimination attorneys at the law firm of Phillips & Associates. At Phillips & Associates, we have represented thousands of job applicants and employees in discrimination cases against public and private employers. To learn more, and to discuss your case with a dedicated New York transgender discrimination attorney, call (212) 248-7431 to schedule your free initial consultation.
More Blog Posts:
New York City’s Gender Pay Gap, New York Employment Attorney Blog, December 28, 2017
New York Court of Appeals Clarifies Criminal History Discrimination Under State Law, New York Employment Attorney Blog, December 11, 2017