The Supreme Court of New Mexico has upheld a lower court ruling that a photography company engaged in unlawful discrimination when it refused to photograph a same-sex wedding. As reported in The New York Times, the court found that under the New Mexico Constitution’s Human Rights Act, which states that someone may not discriminate on the basis of sexual orientation, the company’s actions were the same as it refusing to photograph “a wedding between people of different races.”
Federal law does not currently prohibit sexual orientation discrimination. However, New York State Human Rights Law and New York City Human Rights Law protect individuals from being discriminated against on the basis of their “actual or perceived” sexual orientation.
Unfortunately, many gay, lesbian, bisexual and transgender employees fail to recognize that in New York they are entitled to a workplace free of discrimination and harassment. It is important to remember that it is not relevant whether your employer’s perception of your sexual orientation is correct. If your employer believes or perceives you as having a certain sexual orientation, and treats you differently or discriminates against you because of it, then your employer may be violating the law.
Examples of sexual orientation discrimination include:
- If your boss fires you because he believes you are gay, lesbian, bisexual or straight, it is illegal (it does not matter whether or not you are actually gay, lesbian, bisexual or straight).
- An employer denies benefits to your same-sex partner when your employer’s health insurance plan covers benefits for spouses and families of married heterosexual employees.
- Your employer denies benefits to your same-sex partner when your employer’s health insurance plan covers benefits for spouses and families of married heterosexual employees.
- Based on your sexual orientation, your employer denies you benefits or rewards, or you suffer harsher treatment from management.
If you believe that you are being discriminated against at work because of your sexual orientation, you should be aware that laws exist to protect you from unlawful sexual and gender discrimination. Contact a lawyer and protect your rights.
