What the law covers
The U.S. Supreme Court has held that firing someone for being gay or transgender is sex discrimination under the federal employment discrimination law known as Title VII. New York State law separately and expressly protects sexual orientation, gender identity, and gender expression, and New York City law does the same, often more broadly. These protections reach hiring, pay, promotion, discipline, and termination, as well as harassment. Repeated, intentional use of the wrong name or pronouns can be part of a claim under New York City law, which the city's human rights commission has addressed in guidance. Coverage outside employment, in housing and public accommodations, also exists under state and city law, though the process differs.
What is worth keeping
Save messages and emails that show comments or decisions, and write down, with your lawyer's input, when things happened and who was present. Keep your reviews, pay statements, and any written complaint to human resources, along with the reply. If a dress code, restroom rule, or benefits decision is part of the problem, keep a copy of the written policy and how it was applied to you. Hold on to your own messages but ask before forwarding company files to a personal account. If you are uncomfortable with who might see these records, raise that early; there are ways to handle sensitive information in a claim.
How a complaint usually moves
Depending on the facts, a matter can go to the EEOC, the New York State Division of Human Rights, the New York City Commission on Human Rights, or to court, and these filings carry different deadlines and interact with one another. Some employers are religious organizations or very small businesses, and coverage questions can arise there. In a first conversation we look at where you work, how the employer is organized, whether an arbitration agreement applies, and what outcome you are hoping for, whether that is staying in the job with the problem fixed or moving on. Privacy concerns, including whether you are out at work, are part of planning from the start.
