Wigdor LLP has successfully represented employees from many industries in sexual orientation and gender identity discrimination claims, whether in high-profile and highly compensated professional and executive environments or blue-collar workplaces. 

Sexual orientation or gender identity discrimination can take the form of harassment, as well as other inequitable treatment with respect to an employee’s terms and conditions of employment (including, for example, disparate pay, denial of a promotion or wrongful termination).  An individual who is subjected to gender stereotyping may also be able to bring claims under laws prohibiting gender discrimination, such as Title VII of the Civil Rights Act of 1964 (“Title VII”).  Indeed, courts have held that an LGBT employee who is harassed or discriminated against for failing to conform to sexual identity or gender “norms” may obtain relief under Title VII. Moreover, Title VII also protects against same-sex sexual harassment if it is shown to be based upon an employee’s sex. The form and type of evidence showing sexual orientation and gender identity discrimination can be subtle, and the Firm’s attorneys will spend the time necessary to discuss with you and investigate the facts of your situation to determine whether we can help you pursue legal action.

Remarkably, until June 2020 federal law did not even prohibit discrimination strictly on the basis of sexual orientation.  Wigdor LLP is proud to have been involved in various efforts to change that fact. Our Firm worked closely with several LGBT organizations and was and remains a leader in promoting workplace equality for employees who have been discriminated against on the basis of sexual orientation or gender identity.  Ultimately, it took the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County to recognize that Title VII does in fact prohibit sexual orientation discrimination in the workplace.  In addition, under the New York State and New York City Human Rights Laws, employers and other entities are prohibited from treating an individual differently because of his, her or their sexual orientation or gender identity.  Many other states and local jurisdictions also have also passed statutes that prohibit sexual orientation and gender identity discrimination in the workplace.