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There were gay rumors about me at work that were perpetuated by the management. I am more of a private person and keep to myself which is difficult with the forced socialization in the workplace now. It's sad as I have great skills including knowing how to write computer code. I am not actually gay, but the law I believe is real or perceived.
I was told I have 3 years to find a discrimination claim. How do I do that?
I am going to write them a note and get my personnel file. I am in NYC, a pro-employer state and I am expecting the fight of my life.
The NYC Commission on Human Rights covers discrimination based on sexual orientation--actual or what is perceived by others. So even though you are not gay...this discrimination/harassment would still be covered since your employer perceived you as being gay and harassed you/discriminated against you based on this.
Unfortunately, the EEOC only handles race, sex, religion, age, color, national origin, disability, religion, and genetic information--sexual orientation is not covered under EEOC law.
You could also sue for hostile work environment/harassment if you have a lot of documentation and witnesses who you think would support you by going through an attorney.
NY is actually pretty employee-friendly from what I know of the STATE; I am not familiar with the city since when I did HR I was in the Albany region. I was working contract and had just started with an employer who got themselves into a mess by having a racist manager who fired all the black people in his department. I'll just say that despite us offering a large settlement and their jobs back ( and firing the manager), the EEOC and Human Rights group still hit the company HARD with fines.
Good luck with your case and definitely get that personnel file.
hire a lawyer
-find someone who specializes in your type of litigation. First thought for a recommendation is through your local LGBT Center.
-where i live the the state runs a Attorney Regulation Counsel, a sort of better business for lawyers. You can see if there is any complaints filed against your proposed lawyer. Bet is NY has the same state functionality. Attorney Regulation Counsel
There were gay rumors about me at work that were perpetuated by the management. I am more of a private person and keep to myself which is difficult with the forced socialization in the workplace now. It's sad as I have great skills including knowing how to write computer code. I am not actually gay, but the law I believe is real or perceived.
I was told I have 3 years to find a discrimination claim. How do I do that?
I am going to write them a note and get my personnel file. I am in NYC, a pro-employer state and I am expecting the fight of my life.
Unless you actually suffered financial loss, you probably don't have a chance of winning anything. You have to have solid evidence. Notes left by people, detailing reports given to management. Complaints filed regarding how you were treated or if you were.....
However in order for a case to be proven the victim must show that there was indeed some sort of disparate treatment. In other words they need to prove that purely based on the fact of their sexual orientation, they were treated worse than any other employees. The perpetrator must have engaged in some sort of intentional workplace harassment and/or discrimination. In order to ascertain this the victim might show that the employer constantly used derogatory remarks about the victim's sexual orientation, or has expressed an attitude of bias against the victim's sexual orientation.
Unless you actually suffered financial loss, you probably don't have a chance of winning anything. You have to have solid evidence. Notes left by people, detailing reports given to management. Complaints filed regarding how you were treated or if you were.....
However in order for a case to be proven the victim must show that there was indeed some sort of disparate treatment. In other words they need to prove that purely based on the fact of their sexual orientation, they were treated worse than any other employees. The perpetrator must have engaged in some sort of intentional workplace harassment and/or discrimination. In order to ascertain this the victim might show that the employer constantly used derogatory remarks about the victim's sexual orientation, or has expressed an attitude of bias against the victim's sexual orientation.
He's right, and "treated worse" is not things like not being invited to lunch with co-workers or seated in a cube away from a window, but actual tangible/measurable impact such as termination, demotion, lower salary, not promoted, etc. based on your perceived sexuality.
i wasn't give bonuses even thought I accomplished a lot more than other co-workers. I was give lesser reviews, there were great comments made by EDs during the 360 process and then I get a rating that I am not meeting expectations.
In an annual survey, I was asked a question about my sexual orientation. I answered Straight which is correct. I then found out that that question was put there by one of the MDs as people didn't want to work with me and didn't help me when I asked them questions. I got odd looks after everyone was told that I answered Straight. I have never had a boyfriend in my life, but I have a higher voice than normal.
and I also found out that he tried to terminate me but this same MD as mentioned in my post above didn't sign off on it. She did the smart thing and asked other people sitting near me and I can quote their names.
I refused to sign off on the reviews I got as I didn't think they were fair so that is one positive I have going for me. I clearly disagreed.
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