This is not intended to be legal advice and is based on the most recent laws and executive orders available as of 5/11/2026.
Every employee is entitled to protection from unlawful discrimination in the workplace. Yet one in four LGBTQ+ employees in the U.S. said they’ve experienced discrimination and harassment at work. What counts as sexual orientation discrimination in the workplace may be broader than you expect. If you believe you’ve experienced discrimination, consult a trusted employment law attorney, Michelle Cimino. She can help you navigate the complaint process in New York and, if applicable, at the federal level to pursue any available compensation.
What Is Sexual Orientation Discrimination?
Sexual orientation discrimination occurs when someone faces less favorable treatment because of their actual or perceived sexual orientation, such as identifying as gay, lesbian, or bisexual, among others. Discrimination is prohibited in employment and the workplace. It’s also barred in areas such as housing, education, and public accommodations.
The federal Title VII of the Civil Rights Act of 1964 makes it unlawful for employers to discriminate on the basis of sex. The Supreme Court has interpreted this to include sexual orientation. New York State Human Rights Law expanded on this protection, and the Sexual Orientation Non-Discrimination Act (SONDA) amended state law to explicitly include sexual orientation as a protected class. This amendment took effect in 2003.
Typical Examples of Sexual Orientation Discrimination in the Workplace
Examples of sexual orientation discrimination in the workplace include:
- Refusing to hire someone, or denying a promotion, because of their actual or perceived sexual orientation.
- Firing, demoting, or cutting hours after an employee comes out.
- Excluding an employee from meetings, training, or work events because they have a same-sex partner.
- Allowing or making homophobic jokes, slurs, or repeated comments that create a hostile work environment.
- Treating an employee differently in reviews, discipline, or scheduling because of their sexual orientation.
- Denying benefits to a same-sex spouse when those benefits are offered to others.
Employers cannot penalize their employees for speaking out against these actions. This is because reporting unfair, unlawful treatment is a protected activity. To that end, retaliating against someone after they report discrimination or harassment also constitutes workplace discrimination.
If you experience these kinds of treatment, you may have grounds to pursue a discrimination claim under New York law and, in some cases, federal law, depending on the facts and deadlines that apply. However, moving forward through a legal process can feel intimidating. For support, consider working with an experienced employment attorney to help you through each step.
After Discrimination, Take Action!
If you’ve experienced sexual orientation discrimination in a workplace setting, Michelle Cimino wants to help you take action. As an experienced LGBTQ+ discrimination attorney, she builds your complaint as comprehensively as possible. First, she directs you to collect key evidence to build your complaint. This could include emails, witness statements, and time logs that document your experience of discrimination.
Then, she helps you initiate a formal complaint through one of these two options:
- File a charge of discrimination with the NYS Division of Human Rights generally within three years of the most recent act of discrimination, or
- File a complaint directly in state court generally within three years of the most recent act of discrimination.
With either option, you can also file a complaint with the New York State Attorney General’s Civil Rights Bureau. If relevant, you can also dual-file with the Equal Employment Opportunity Commission (EEOC), the federal body that enforces workplace anti-discrimination laws. You should note that the EEOC’s filing deadline is typically 300 days after the incident, so acting sooner rather than later is important.
If your case is successful, you may be able to recover remedies such as:
- back pay for previous lost wages and benefits
- front pay for future lost wages if reinstatement is not possible
- compensation for emotional distress
When Michelle evaluates your case, she will help you choose an appropriate way to file your claim and pursue relief, so you can work toward moving forward from the experience.
Speak to an Employment Lawyer Privately
No one should have to tolerate discrimination in the workplace, and the law makes clear that such treatment is not permitted. If you’ve experienced discrimination due to your sexual orientation in the workplace, take action. Work with an attorney like Michelle Cimino to file a charge at the state and, if applicable, federal level.
Michelle has spent more than two decades helping LGBTQ+ employees understand their rights and pursue the outcomes they deserve. If you believe you’ve faced discrimination, book a completely private consultation today.
