Legal Considerations for LGBTQ+ Employees in the New York Workplace

When Jordan started a new job in Midtown, they were excited to bring their full self to work. For the first time, they felt comfortable mentioning their partner during casual conversations with colleagues. But after that, things changed—meetings were canceled without explanation, a supervisor stopped making eye contact, and Jordan was suddenly excluded from projects they were initially assigned to.

Stories like Jordan’s aren’t rare. Even in a diverse city like New York, LGBTQ+ employees still face subtle—and sometimes blatant—discrimination. The good news? You have rights. This blog will walk you through the legal protections available and what to do if they’re violated.

Overview of Legal Protections

If you’re an LGBTQ+ employee in New York City, the law is firmly on your side. Multiple layers of protection—federal, state, and local—are in place to guard against workplace discrimination.

At the federal level, the Supreme Court’s 2020 decision in Bostock v. Clayton County held that discrimination based on sexual orientation or gender identity violates Title VII of the Civil Rights Act. That means employers nationwide can’t fire or mistreat someone for being LGBTQ+.

But New York goes even further. The New York State Human Rights Law protects employees from discrimination based on sexual orientation, gender identity, and gender expression in hiring, pay, promotions, benefits, and more.

And the NYC Human Rights Law is even broader. It covers dress codes, pronoun use, access to bathrooms, and more—with no requirement that the behavior be “severe or pervasive.” It also protects you from retaliation if you assert your rights or file a complaint.

Common Workplace Challenges

Even with strong legal protections in place, many LGBTQ+ employees in NYC still encounter subtle forms of discrimination that affect their day-to-day work lives. These challenges don’t always show up as blatant hostility—but that doesn’t make them acceptable.

Some common issues include:

• Being misgendered or repeatedly referred to by the wrong pronouns
• Enforcement of gendered dress codes that don’t align with an employee’s gender identity
• Microaggressions from coworkers or supervisors after coming out
• Exclusion from meetings or assignments after disclosing orientation or gender identity
• Harassment over messaging platforms or in-person comments
• Unequal health benefits, especially related to transition care or same-sex partners
• Social isolation or a sudden shift in tone from colleagues

These behaviors—whether subtle or overt—can create a hostile work environment. And under New York City law, even one incident may be enough to take legal action.

What to Do If Your Rights Are Violated

If you’re experiencing discrimination at work, trust your instincts. You don’t have to wait for things to escalate before taking action.

Start by documenting everything:

• Save emails, chat messages, or written notes that show what happened.
• Keep a log of dates, times, people involved, and how each incident affected you.
• If safe to do so, report the issue to your manager or HR department—ideally in writing, so there’s a record.

If your employer brushes it off or retaliates, you still have options. New York City law protects employees from being punished for speaking up, even informally. That includes being demoted, excluded, or harassed after filing a complaint.

You don’t have to handle it alone. Many LGBTQ+ employees wait too long to ask for help, unsure if what they’re experiencing “counts.” If something feels off, it’s okay to reach out for guidance early.

How Lipksy Lowe Can Help

If you’re unsure about your rights or how to move forward, a lawyer can help you make sense of it all. We offer confidential guidance to LGBTQ+ employees facing workplace discrimination. We’ll review your situation, explain your options, and represent you if you choose to file a complaint—whether through your employer, a city agency, or in court. If something feels wrong at work, trust your instincts. Contact Lipsky Lowe today for a confidential consultation. We’re here to stand with you.