Lawyer Monthly Magazine - July 2019 Edition

www. lawyer-monthly .com 11 COVER FEATURE JUN 2019 are entitled to be called by their preferred name, and referred to by their preferred pronoun. Importantly, employers cannot request any documents from their transgender employee to “prove” their name, sex, gender, etc. Requests for name change certifications, birth certificates, or any medical records are prohibited and may themselves constitute workplace harassment. What measures can employers take to ensure they are as inclusive as possible? Employers should make their employees comfortable in the workplace by emphasizing the availability of support for any employees that need to discuss any personal/sensitive matters. This typically comes in the form of a human resources department. An employer should make an employee feel free to voice a complaint if they believe they are being harassed or discriminated against. An employee should be suspicious if they are discouraged from making a complaint or if they are discouraged from putting anything in writing about harassment. Situations such as these arise during the unfortunate scenario in which a human resources department does not really function to help the employee, but rather is charged to minimize the employer’s potential legal liability. An LGBT+ person being discouraged from making a harassment complaint should immediately reach out to an attorney to better understand their rights. It may be particularly difficult to voice a complaint if management-level employees subject an employee to a hostile work environment, especially in a small company where there is no human resources department. Victims of harassment on the basis of their sexual orientation or gender identity should reach out to an attorney as soon as the harassment begins, and not wait until it escalates to such an extreme degree that the employee is terminated or feels forced to resign. An attorney can counsel an employee on how best to handle these difficult workplace issues. EMPLOYEES ABSOLUTELY DO NOT HAVE TO DISCLOSE THEIR SEXUAL ORIENTATION IN THE WORKPLACE, NOR CAN THEY BE COMPELLED TO DISCUSS THEIR GENDER IDENTITY. What form of compensation can clients expect if they are harassed on the basis of their sexual orientation or gender identity? Clients who have been harassed on the basis of their sexual orientation or gender identity may be entitled to significant monetary damages for the hostile work environment they’ve endured. In some circumstances, when discrimination causes a failure to hire, failure to promote, or an unlawful termination, an employee may also be entitled to monetary damages in the form of lost wages. Under the New York City Human Rights Law, employees who have suffered harassment due to their membership in a protected class can also claim punitive damages, which is an additional amount that a jury can award to punish the bad actor. Assessing available damages can be complex and anyone who believes they are the victim of unlawful workplace harassment should reach out to speak to a professional. LM