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This is not legal advice, which can only be given by an attorney admitted to practice law in your jurisdiction after hearing all of the facts and circumstances in a particular case.

Sunday, January 27, 2013

The Employment Discrimination Lawsuit Blues

Let's say that your troglodyte co-workers call you "faggot" or "Ms. Thing" or "he" when you're a "she" or vice versa, or make some other neanderthal comments. And let's say you are not going to take that kind of treatment, and you want to enforce your rights to be treated with dignity under the law. What do you do?

 Federal law prohibits employment discrimination based on sex, which has been interpreted to mean gender identity or expression, as in transgender identity, or non-standard gender, as in gay stereotyping. If you work for a public employer, sexual orientation is covered by some federal courts under the U.S. Constitution. A number of state and city laws also prohibit employment discrimination on these bases. Most large companies also don't allow that kind of behavior and say so in their policies. But what does it mean to try to enforce these rights?

 I've recently reactivated my law licenses in New York and New Jersey, and undertaken a number of lawsuits for people who have requested my assistance as a lawyer. So I'm seeing a whole different side to things, beyond the academic theories I've been spending time with for the past decade. It's a jungle out there.

Cross-posted from Bilerico.com:  Click Here To Read More

1 comment:

Janay Stiles said...

I followed reading the whole article on your website, and I can say that it is a great article indeed. Very much enlightening and substantial. When some might think that calling an office mate names is petty, that is not the case because when this escalates, it can cause major damages on the individual. That is why things like discrimination in the workplace should truly be taken to consideration by the company.
Janay Stiles