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.

Last month a federal judge ruled that a discrimination case filed against Morgan Stanley, on behalf of African Americans under the Fair Housing Act could proceed. As reported by the ACLU, which is bringing the suit with other organizations, it alleges that Morgan Stanley pressured lenders to offer high-risk mortgage loans to African-American borrowers who are not properly informed about the risks and may not be able to afford them. This is the first lawsuit where a plaintiff has gone beyond suing the subprime lender and targeted the investment bank for its conduct. In ruling that the case may proceed, the judge stated that the Fair Housing Act governed Morgan Stanley’s conduct as a “loan purchaser and mortgage securitizer.” Accordingly, the law prohibits Morgan Stanley from illegally discriminating in selecting which real-estate related transactions are available as well as discriminating ‘in the terms or conditions of such a transaction.” If successful, this case could be the impetus for many future cases against investment banks for their roles in the process of offering high-risk loans to minorities.

Housing discrimination is illegal when it comes to protected classes, such as race, national origin, religion, disability, family status, sex (including sexual harassment), sexual orientation, marital status, age or source of income. If you believe you have been the victim of housing discrimination, you should contact an attorney and protect your rights.

In a case brought by 22 cocktail waitresses, alleging weight discrimination and sex discrimination against Borgata Hotel Casino & Spa, a New Jersey judge in Atlantic City has ruled in favor of the casino. As reported in TIME U.S., the women claimed that they were subjected to weight and sex discrimination when they were required by the casino to be weighed frequently, and the casino suspended them if they gained more them 7% of their body weight from when they were hired. The waitress claimed that male employees at the casino where not treated the same.

In dismissing their case, the judge stated that the waitresses signed employment agreements that clearly stated the terms of their employment; among other things, that they would not gain in excess of 7% of their hire weight. The judge stated that since the waitress clearly knew to what they were agreeing, there was no “fraud, duress or coercion in connection with the plaintiffs’ hiring,” If this case occurred in New York, the Court may have decided it differently.

Sex or gender discrimination occurs whenever an employee or prospective employee is subject to different treatment due to their gender. An employer cannot stereotype you based on your gender or sex. Employers are required to treat men and women the same in all phases of the employment process regarding:

• Policies and practices
• Hiring
• Compensation
• Job training
• Layoffs
• Promotions
• Working conditions
• Benefits
• Other privileges

Often, the terms “sex” and “gender” are interchangeable. However, sex discrimination refers to discrimination based on an individual’s biological identity as male or female while gender discrimination refers to discrimination based on characteristics of an individual that are culturally associated with masculinity or femininity. Gender discrimination is one of the oldest and most prevalent forms of workplace discrimination. It is often subtle, but its impact is very serious.

If you believe that you are being discriminated against at work because of your sex or gender, you should protect your rights and consult an attorney.

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