Can I Sue My Former Employer for Same-Sex Gender Discrimination?

The typical gender discrimination is brought by a female heterosexual or an LGBTQ individual. But even male heterosexuals can be the victim of job-related discrimination. Anti-discrimination laws are broadly applied to certain types of unlawful employment practices, regardless of the sexual orientation of the individuals involved.

Judge Allows Lawsuit Against L.I. Car Dealership to Proceed

Here is a helpful example. This is taken from a pending gender discrimination lawsuit on Long Island. The plaintiff, a male heterosexual, previously worked as a sales manager for the defendants' car dealership. According to the plaintiff's lawsuit, the dealership's male owner “engaged in an ongoing series of harassing behavior” over a six-month period, which culminated in the plaintiff's termination.

For example, the plaintiff said the owner “sent the Plaintiff several full body naked pictures of [the owner] masturbating.” A week later, the owner approached the plaintiff at work and “asked him if he liked the pictures.” The plaintiff told the owner he was not interested in a sexual relationship and asked to be left alone. However, the plaintiff alleged the defendant continued to ask him for sex. At one point, the plaintiff said he was told his job security and compensation were tied to having sex with the owner.

Eventually, the plaintiff told his immediate supervisor, the dealership's general manager, about the owner's pattern of sexual harassment. In response, the owner allegedly instructed the GM to fire the plaintiff. When the plaintiff asked the GM why he was being let go, he said he was told the owner “no longer wants you here.”

The defendants moved to dismiss the lawsuit. In an order dated August 13, 2018, U.S. District Judge Arthur D. Spatt denied the motion. At this stage of the litigation, the judge did not rule on the merits of the lawsuit. Rather, the Court determined the plaintiff had plausibly alleged gender discrimination under federal and New York State law.

Specifically, the plaintiff has alleged what is known as both “quid pro quo” harassment and the existence of a “hostile work environment.” Quid pro quo harassment refers to cases in which an employer ties a plaintiff's employment or compensation to the granting of sexual favors. A hostile work environment requires allegations of “objectively severe or pervasive” conduct that the plaintiff “perceives as hostile or abusive” on the basis of his or her sex. Again, while the plaintiff's allegations have not yet been proven at trial, his claims do fit these parameters.

Contact an NYC Gender Discrimination Lawyer Today

It is not easy for anyone to pursue a sex or gender discrimination lawsuit, but sometimes there is simply no other choice. Nobody should be fired from his or her job for refusing to have sex with his or her boss. If you are the victim of quid pro quo harassment or a hostile work environment, you have legal rights, but you must assert them. Your first step is to call an experienced New York gender discrimination lawyer. Contact the Law Offices of Nisar Law Group, P.C., today if you need to speak with someone right away.


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