by Kristen Smith, Esq., Bond Schoeneck & King, Syracuse
By now, most employers are familiar with the list of categories protected from employment discrimination under Title VII of the Civil Rights Act: race, color, religion, national origin and sex.
Other federal anti-discrimination laws add additional protected categories to the list: disability (ADA), age (Age Discrimination in Employment Act), pregnancy (Pregnancy Discrimination Act) and genetic information (Genetic Information Nondiscrimination Act).
Absent is any mention of sexual orientation or gender identity.
Protections for lesbian, gay, bisexual and transgender workers are broader for New York workers. The New York Human Rights Law prohibits discrimination on the basis of sexual orientation, while the New York City Human Rights Law prohibits discrimination on the basis of gender identity.
Clamoring for federal protection
Advocacy groups have been clam...(register to read more)
- To pay or not to pay interns? The DOL is cracking down
- Courts give employers benefit of doubt: Not all 'unfair' treatment is discrimination
- Court rules sex is a 'major life activity'
- Service-related health problem seems minor? Employee might still have ADA disability claim
- Hiring independent contractor? Be prepared to document that he's not an employee