Do I have a case?

UPDATED: Sep 30, 2022

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Do I have a case?

I have a sexual harrasment case at work and want to know if I should sue. I’m bi-sexual and my co-workers recently found out; lately my supervisor has been making sexual jokes to me I went to HR about it and had them investigate the situation. The next week I had a meeting with them and they told me that since I’m a gay woman it causes a hostile workplace and they would have to move me

they also told me,

Asked on February 20, 2017 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Fortunately, you indicate that you are in New York. The New York Sexaul Orientation Non-Discrimination Act, or "SONDA," prohibits discrimination in employment on the basis of actual or perceived sexual orientation--which would included being bisexual. Discrimination includes harassment and negative treatment (e.g. being moved against your will due to your orientation). You therefore may have a claim for compensation; you could contact the New York State Division of Human Rights to file a complaint, or potentially file a lawsuit for compenation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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