Derek T. Smith Labor and Employment Law Blog on Lawyers.com

Proving Sexual Orientation Discrimination

Wednesday, July 6, 2011 by Derek T. Smith

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Proving sexual orientation discrimination can be challenging

The burden of proof is on the plaintiff (the person bringing the suit) to show a direct correlation between sexual orientation and whatever adverse action was taken by the employer. This can be difficult to prove since employers typically do not acknowledge discriminatory activities. Most cases of discrimination are based on circumstantial evidence.

Three steps are involved in cases relying on circumstantial proof of intentional discrimination.

  • First, you must present sufficient evidence to show a cause and effect relationship between the challenged action (e.g., failure to promote, hire, etc.) and your sexual orientation. This is what is referred to as your prima facie case.
  • Second, your employer must respond by simply offering a legitimate non-discriminatory reason for the action. This is called satisfying the burden of production.
  • Third, you must present evidence proving, despite the excuses offered by your employer, that the adverse action was motivated by his or her intention to discriminate. This is called the burden of persuasion and may be achieved, for example, by proving that the reason offered by the defendant is merely a pretext for actual discrimination.

So in cases alleging intentional discriminatory actions, you carry the ultimate burden of persuading a court that the actions of your employer were motivated by a discriminatory intent regarding your sexual orientation. Having an experienced New York City labor law attorney to guide your case and help you gather evidence, witnesses and expert testimony can make the difference in having a successful resolution to your complaint.

The Derek T. Smith Law Group, P.C.
30 Broad Street, 35th Floor
New York, New York 10004
(877) 469-5297
www.akinandsmith.com

 
Posted at 10:22 AM
Topic: Labor and Employment
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