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sexual orinetation in the workplace
Posted - 2/4/2013 7:25:21 PM | show profile | flag this post
i have one
business owner has another
can they discriminate against me on that basis?
is it anything i can prove?
i dont' know if it is a protected class
i am in new york
thanks For any help or direction
Posted - 2/4/2013 7:42:26 PM | show profile | flag this post
very confusing post..but I'll try to help.
NYC has an anti-discrimination bill that applies to the
workplace and includes sexual orientation.
Posted - 2/4/2013 11:35:36 PM | show profile | flag this post
i hate to even broach this.. but..
it may well depend on who has which orientation..
are you at liberty to divulge that?..
Posted - 2/5/2013 9:49:55 PM | show profile | email poster | flag this post
sorry for not providing enough details
thank you for writing back
i am a heterosexual man
business owner is a gay man, his boyfriend (not particularly suited to the position) is #2 in command, and the plum assignments go to other gay men though ours is not exactly an area of the media business that is heavily gay
i assure you i have nothing against gay men or lesbians
I just find it striking to be left out on opportunity because I am not part of that group
And yes in decades past i would have been the privileged one, I know for instance women make about 70 cents on the dollare for the same job as men, and gay people were closeted in many industries
BUT - I never took advantage of any of that and always strived for fairness - and am doing the same now that I am on the other end of it
We are a big enough company (100+) that it's not just a matter of, well, these are my friends and colleagues and they happen to be gay
it's just = I am being blatantly discriminated against, and don't want to tolerate it and neither does my bank account !
is there anything I can do? I imagine I have to prove it - I can say I can document it pretty much at least in terms of not gettig the assignments i am qualified for
would appreciate knowing if there's anything I can do and who to turn to
thank you i hope i am providing enough info now !
Posted - 2/5/2013 11:22:47 PM | show profile | flag this post
yeah, it helps..but you might not want to hear this..
documentation would be difficult, i think..
seems to me your not getting the assignments you're qualified for is an extremely subjective decision made by whoever makes thosed at your place..
and as such, it wold be very hard to prove you were being actively discriminated against..all the boss wold have to do is say, "..yes, you're qualified.. but i think the person who got the assigment is a little more qualified.."..
which essentially leaves you no place to go with it..it's not as though you're competing with others under a clear and rigidly defined set of rules, are you?..
i've seen this sort of thing several times over a long television career..and it's never been a pleasant experience for those involved in your position..
you might be better off checking employment possibilities elsewhere..either that, or prepare yourself for a long and bitter fight with the odds stacked fairly heavily against you..
best of luck...
Posted - 2/8/2013 11:00:59 PM | show profile | flag this post
I would look for another job. Period. These cases are very hard to prove, let alone win. If you bring this up they will bring up every mistake you ever made to justify why you're not given certain assignments. They will lie if necessary. It will beoome you against them. And life will become even worse at your job. Do your job as best you can under these circumstances, and look for something else.
Posted - 2/8/2013 11:05:03 PM | show profile | flag this post
Not to mention that bringing this up will affect all your future performance reviews, and that will affect your raises. Again, please, just get another job. People are small, pathetic and very vindictive.
Posted - 2/9/2013 4:33:26 AM | show profile | flag this post
According to the law, you have the obligation to prove you are being discriminating against because of your sexual orientation.
My guess is you would have to show: (1) that missing out on these "plum assignments" caused a genuine financial loss to you; (2) that the people who got these assignments clearly lacked the same qualifications as you; and (3) there is some evidence to suggest the reason was your sexual orientation.