Currently Federal Law does not ban employment discrimination based on sexual orientation and gender identity.  However, the Senate is now taking up the Employment Non-Discrimination Act (ENDA), which would recognize both in the workplace. As reported by The New York Times, the Senate appears to have the majority necessary to overcome a Republican filibuster regarding the proposed law. However, critics have complained that, to appease hard-line conservatives, the law has a large exemption for religious institutions, including, churches, houses of worship, as well as religiously affiliated institutions. This would allow a religiously-affiliated university or hospital to discriminate in the workplace on the basis of gender identity and sexual orientation, not only in jobs that have a religious function, but also in jobs that do not have a religious function.

Although federal law does not currently prohibit sexual orientation discrimination, the 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 or transgender employees are not aware 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 denying 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. Consult an attorney and protect your rights.