Sexual Orientation or Gender Identity Discrimination

Former Hamilton Cast Member Complains of Gender Discrimination

Sexual orientation or gender identity discrimination is illegal under federal law. It falls under sex discrimination based on Title VII of the Civil Rights Act. All employers should incorporate best practices that prohibit this type of workplace discrimination.

A recent example of gender discrimination was a complaint filed with the EEOC by a former Hamilton staff member.

According to the New York Times, the former Hamilton staff member, who filed the lawsuit was Suni Reed. They claimed being sidelined and eventually let go after requesting a gender-neutral dressing room space. Hamilton was playing at the Pantages in Los Angeles. The performer had been with the cast since 2017, performing in New York, Chicago and Los Angeles venues. In a 28-page complaint, they described other instances of harassment and discrimination. Instances included physical threats along with intentional and repeated misgendering.

The show has denied the allegations of the claim. Filing a complaint is a necessary step prior to filing a lawsuit. The claimant intends to sue.

New York State Laws Related to Gender Discrimination

New York State Law offers protection for transgender New Yorkers under the NYS Human Rights Law. The law prohibits discrimination based on gender identity or expression.

What is gender identity? It is the person’s actual or perceived gender-related identity, appearance, expression or other gender related characteristics. The identity does not have to relate to the individual’s sex assigned at birth. Gender identity includes but is not limited to transgender. NYS law prohibits denying the use of restrooms, locker rooms or other facilities based on the person’s gender identity.

New York City Human Rights Law (NYCHRL)

Actions considered gender discrimination under the NYCHRL include:

  • Failing to use an individual’s preferred name or pronoun
  • Refusing to allow individuals to use single-sex facilities and programs consistent with their gender
  • Sex stereotyping
  • Imposing different uniforms or grooming standards based on sex or gender
  • Providing employee benefits that discriminate based on gender
  • Considering gender when evaluating requests for accommodations
  • Engaging in discriminatory harassment
  • Engaging in retaliation

Do You Have Concerns or Questions About Sexual Orientation or Gender Discrimination?

If you are an employer needing assistance with a discrimination claim, our firm can help. Discuss your concerns with an attorney at Stephen D. Hans & Associates, P.C. Call (718) 275-6500.

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