Workplace Discrimination or Harassment: What You Should Do

3 Key Takeaways

  1. Report the behavior to Human Resources (HR) right away and put your complaint in writing.

  2. Document every incident with as much detail as possible, dates, locations, witnesses, and what was said or done.

  3. Use clear, accurate language when you report. Say “sexual harassment” or “racial discrimination,” not vague terms like “personality conflict.”

What to do if you’re facing harassment or discrimination at work

If something at work feels wrong because a colleague’s comments make you uncomfortable, or you’re being treated differently because of your race, gender, disability, or another protected characteristic — you don’t have to just push through it. Knowing the right steps to take early on can make a real difference in protecting yourself and your rights. Here’s what you should know.

Report the behavior right away

The first thing you should do is report what’s happening to your Human Resources (HR) department. Your employer isn’t expected to know about every incident unless someone tells them, and under the law, reporting is something employees are expected to do. The sooner you make a formal complaint, the sooner there’s an official record of what’s been happening.

It’s also important to know that there are time limits on when you can file a complaint. Under federal law, most employees must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 to 300 days of the most recent incident. Don’t wait.

Document everything you can

You’re not legally required to keep a personal log of every incident, but any good employment attorney will tell you: document as much as you can, as soon as you can. If the harassment is ongoing, keep a record, even something as simple as an email to yourself, noting:

  • What happened and what was said or done
  • The date and time it occurred
  • Where you were and who else was present
  • What you and the other person were wearing
  • Any other details you can recall

The more specific your notes, the stronger your account. Harassers almost never act in front of witnesses, which means your detailed, contemporaneous record can be one of the most important pieces of evidence in your favor.

Use the right words when you report

This one matters more than most people realize. When you go to HR, be specific about what kind of conduct you’re describing. You don’t need to cite legal statutes — you just need to be clear.

There’s a big difference between saying “we have a personality conflict” and saying “he makes comments about my body and I don’t find it appropriate.” The first leaves the door open for HR to treat it as a minor workplace squabble. The second makes clear that you’re describing sexual harassment. HR representatives are trained to listen, sometimes without taking notes, so that they can later claim their recollection was unclear. Using precise language protects you against that.

Make your complaint in writing

Whenever you report to HR, follow up in writing. Use your company’s email system to document that you made a complaint. After any in-person meeting, send a brief thank-you note that recaps what you discussed and what you asked HR to look into. This creates a paper trail that’s hard to dispute later.

Understand what “continuous violation” means

If the harassment has been happening repeatedly over time, even if incidents are spread out, there’s a legal argument that may apply to you called a continuous violation. Under this doctrine, you may not need to have filed a complaint after every individual incident. If the behavior is similar in nature and has occurred with some regularity throughout your employment, the law may allow your claim to reach back to when the conduct first started.

This applies to sexual harassment, racial harassment, and harassment based on disability, among other protected categories. Even if you’re only now reaching your breaking point, your rights may extend further back than you think.

You don’t have to navigate this alone

There’s a lot you can do on your own: keep a log, go to HR, document your complaints in writing. But for the best outcome, having an attorney in your corner from the beginning makes a real difference. A lawyer can help you document things properly, make sure you’re using the right language, and guide you through each step of the process.

If you believe you’re experiencing workplace discrimination or harassment and aren’t sure what your options are, reach out to our team at VKV. We’re here to help you understand your rights, and to fight for them.

Doctors Have Wage Rights in New York Even Though They are Usually Considered “Exempt” Employees

3 Key Takeaways

  1. Doctors and other professionals are generally exempt from federal and state overtime laws — but New York has a unique statute that still protects their pay.

  2. New York Labor Law (NYLL) Section 193 prohibits employers from making unauthorized deductions from any employee’s wages, including exempt professionals like physicians.

  3. If your employer withheld a specific portion of pay you were promised and earned, you may have a valid legal claim — even if you’re a salaried professional.

What doctors in New York need to know about their right to full pay

You’ve dedicated years to your career, and you expect to be paid every dollar you’ve earned. But what happens when your employer withholds compensation they specifically promised you? If you’re a physician or other medical professional in New York, you may have more legal protection than you realize — and a real path to recovering what you’re owed.

Why doctors are usually considered “exempt” employees

Under both federal law (the Fair Labor Standards Act, or FLSA) and most state laws, certain highly compensated professionals — including doctors, lawyers, and executives — are classified as “exempt” employees. This means they are not entitled to overtime pay, no matter how many hours they work in a week.

For most workers, this exemption is the end of the story. But in New York, there’s an additional layer of protection that many doctors, and even many employers, don’t know about.

New York’s special protection: NYLL Section 193

New York Labor Law (NYLL) Section 193 goes further than federal law in one important way: It prohibits employers from making unauthorized deductions from an employee’s wages — and it applies to all employees, including exempt professionals like physicians.

This matters because it creates a legal avenue for doctors to recover unpaid wages that would otherwise have no remedy. The New York State Court of Appeals confirmed this in Ryan v. Kellogg Partners Institutional Services (2012), holding that withholding earned, non-discretionary bonus pay qualifies as an unlawful deduction under Section 193.

You can learn more about New York's wage payment laws directly from the New York State Department of Labor.

A real-world example: Okeke v. Interfaith Medical Center

A case that illustrates this protection well is Okeke v. Interfaith Medical Center, a class-action lawsuit filed by a Brooklyn emergency room physician named Dr. Theophilus Okeke. He and other doctors at the hospital were promised an additional $96.00 per shift for performing medical examinations on pre-admitted psychiatric patients. The hospital never paid that amount.

The hospital argued that because Dr. Okeke was an exempt employee, he had no legal grounds to pursue the claim. The New York Supreme Court disagreed. Using NYLL Section 193 and the Ryan ruling, the court found that withholding a specific, promised portion of a paycheck, rather than refusing to pay anything at all, constitutes an unlawful deduction. Dr. Okeke’s case was allowed to proceed.

He later filed a second class-action lawsuit over unpaid meal break time, making the same legal argument: that withholding a specific slice of earned wages, not total nonpayment, triggers protections under Section 193.

What this means for you

The key distinction under New York law is this: If your employer refused to pay you anything at all, that’s a different kind of dispute. But if your employer withheld a specific portion of your compensation — a bonus you were promised, shift pay you were told you’d receive, or pay for hours worked through a meal break — you may have a valid claim under NYLL Section 193.

This protection applies broadly to professionals who might otherwise assume they have no recourse. Here are a few situations where it could come into play:

  • A promised per-shift bonus or stipend that was never paid
  • Compensation for additional duties (like covering extra patient loads) that was never delivered
  • Pay for time worked during “unpaid” meal or break periods
  • Non-discretionary bonuses tied to performance metrics that were earned but not paid out

Understanding “non-discretionary” pay

One important concept here is the difference between discretionary and non-discretionary pay. A discretionary bonus is one your employer decides to give at their own will, without any prior promise or formula. A non-discretionary bonus, on the other hand, is one that was agreed upon in advance — tied to specific criteria, promised in writing or verbally, or built into your contract.

Courts have found that non-discretionary pay, money you were told you would receive if you met certain conditions, and then met those conditions, is protected under Section 193. Employers cannot simply decide after the fact not to pay it.

For more background on how federal wage and hour laws define exemptions and pay requirements, the U.S. Department of Labor provides helpful guidance.

You deserve to be paid what you’ve earned

Doctors and healthcare professionals work incredibly hard, often in high-pressure environments. If your employer has withheld pay they promised you, whether it’s a shift differential, a performance bonus, or compensation for extra duties, that’s not something you should have to accept. New York law exists precisely to address these situations, even for exempt professionals.

If you’re a physician or healthcare professional in New York who believes you’ve been denied compensation you were promised, the team at Valli Kane & Vagnini is here to help. Reach out to us to talk through your situation — we’ll help you understand your rights and figure out the best path forward.

$60 Million Settlement Holds New York City Accountable for Property Seizures That Stripped Homeowners of Their Equity

New York City has agreed to a $60 million proposed class action settlement with homeowners whose properties were seized in Round 10 of the City’s Third Party Transfer (TPT) program without compensation for the equity they had built in their homes.

Continue reading

Understanding New York City Sick Leave Laws in 2026

3 Key Takeaways

  1. Most employees who regularly work in New York City are entitled to safe and sick leave protections under city and state law.

  2. The amount of paid or unpaid leave available depends on an employer's size and, in some cases, annual income.

  3. Recent updates have expanded employee protections, including additional leave benefits and stronger notice requirements for employers.

What New York City workers should know about sick leave

When you're dealing with an illness, caring for a family member, or navigating a difficult personal situation, taking time away from work shouldn't add unnecessary stress. New York City's Earned Safe and Sick Time Act (ESSTA) gives many employees the ability to take protected leave while helping ensure they can prioritize their health and well-being.

Understanding how these laws work can help you feel more confident about your rights and what you may be entitled to if you work in New York City.

Who is covered by New York City's sick leave law?

The Earned Safe and Sick Time Act (ESSTA) applies to most private employers in New York City, including nonprofits, small businesses, and employers of domestic workers.

Covered employees may include:

  • Full-time employees
  • Part-time employees
  • Temporary employees
  • Seasonal employees
  • Per diem employees
  • On-call workers
  • Domestic workers
  • Undocumented workers

Employees who live outside New York City may still be covered if they regularly perform work within the city.

Some individuals are not covered by the law, including certain government employees, independent contractors, students participating in federal work-study programs, and certain workers covered by collective bargaining agreements that provide comparable benefits.

For additional information about employee leave rights, visit the NYC Department of Consumer and Worker Protection.

How safe and sick leave is earned

Employees accrue safe and sick leave at a rate of one hour for every 30 hours worked, beginning at the start of employment.

The amount of leave available depends on employer size:

  • Employers with 100 or more employees must provide up to 56 hours of paid leave annually.
  • Employers with 5 to 99 employees must provide up to 40 hours of paid leave annually.
  • Employers with four or fewer employees must provide up to 40 hours of unpaid leave unless the employer's net income exceeds $1 million, in which case the leave must be paid.

Unused accrued leave generally carries over from year to year, although employers may limit how much leave can be used annually based on applicable legal limits.

When can safe and sick leave be used?

Safe and sick leave may be used for a variety of personal and family needs.

Employees may use leave if they have been affected by:

  • Mental or physical illness, injury, or health conditions
  • Medical diagnosis, treatment, or preventive care
  • Caring for a family member with a health condition
  • Workplace or school closures related to a public health emergency
  • Circumstances involving domestic violence
  • Sexual offenses
  • Stalking
  • Human trafficking

These protections are designed to help workers address important health and safety concerns without fear of losing their job.

You can learn more about employee protections through the U.S. Department of Labor.

New leave requirements taking effect in 2026

As of February 22, 2026, New York City employers must provide additional leave benefits.

These include:

  • 32 hours of unpaid safe and sick leave that is immediately available at the start of employment
  • 20 hours of paid prenatal leave each year

Unlike accrued safe and sick leave, the 32 hours of unpaid leave available at the beginning of employment does not carry over into the next benefit year.

Notice requirements employers must follow

Employers are required to provide written notice explaining employee rights under the Earned Safe and Sick Time Act (ESSTA) when employment begins.

The notice must explain:

  • How leave is accrued
  • How leave may be used
  • Protection against retaliation
  • The right to file a complaint with the Department of Consumer and Worker Protection

Employers must also provide leave balance information each pay period, either on pay statements or through other written documentation.

Additionally, notices must be provided in English and in an employee's primary language when a translation is available.

Important rules employees should know

There are several additional protections and limitations under New York City's leave laws:

  • Employees who work remotely from outside New York City generally are not covered unless they regularly perform work within the city.
  • Employers may establish a minimum increment for leave usage, but it cannot exceed four hours.
  • Employers that fail to provide required notices may face civil penalties.

Understanding these details can help employees recognize when their rights may not be fully respected.

For a deeper look at how federal and state leave laws interact, the NYC Workers' Rights page provides additional guidance on your options.

Understanding your rights and next steps

New York City's safe and sick leave laws provide important protections for workers facing health challenges, family responsibilities, and difficult personal circumstances. Knowing how leave is earned, when it can be used, and what obligations employers must meet can help you make informed decisions if questions arise in your workplace.

If you're concerned that your employer may not be complying with New York City's sick leave requirements or you're unsure how these laws apply to your situation, contact us at VKV. We're here to help you understand your rights and explore your options.

How to Prepare a Strong Discrimination Claim Against Your Employer

3 Key Takeaways

  1. Workplace discrimination is illegal under both federal and New York State law, and you have protected rights whether you’re currently employed, job hunting, or have already been let go.

  2. Documentation is your most powerful tool: The earlier you start keeping records, the stronger your case will be.

  3. Time limits for filing a discrimination claim are real and strict, speaking with an employment attorney as soon as possible can make all the difference.

What you should do if you think you’re facing discrimination at work

If something feels wrong at work, if you’re being treated differently, passed over, or pushed out based on who you are, you don’t have to just accept it. Workplace discrimination is illegal, and you have real options. This guide walks you through exactly what to do to protect yourself and build the strongest case possible.

Know your rights: Who is protected and from what

Under federal and New York State law, employees and job applicants are protected from discrimination based on specific “protected characteristics.” These include:

  • Race, color, and national origin
  • Sex, including sexual orientation and gender identity
  • Pregnancy, childbirth, and related medical conditions
  • Religion
  • Age
  • Disability
  • Genetic information

One important note on age: The federal Age Discrimination in Employment Act (ADEA) protects workers who are 40 or older. But in New York, the protection is broader; New York State’s age discrimination law covers workers 18 and older.

These protections apply across nearly every aspect of employment, including hiring, firing, pay, promotions, job assignments, training, and other terms and conditions of work. You are also protected from retaliation if you report discrimination or cooperate with a discrimination investigation.

Start documenting right away

If you believe you’re experiencing discrimination, documentation is your most important tool, and the sooner you start, the better. Here’s what to keep track of:

  • Emails, texts, memos, or any written communications related to the incidents
  • Detailed notes about verbal conversations: dates, times, locations, exactly what was said, and who else was present
  • Any performance reviews, commendations, or records that demonstrate you were meeting or exceeding expectations
  • A running log of each discriminatory incident as it happens, with as much detail as possible

Keep in mind that recording laws and company policies vary by state, so be mindful of what’s permitted where you are. When in doubt, stick to documenting your own observations and communications you’re already a part of.

Report it — in writing

Once you’ve started documenting, report the discrimination through your company’s official channels — whether that’s your supervisor, Human Resources (HR) department, or an ethics or compliance hotline. The key here is to do it in writing, even if the company’s process allows for verbal reporting. A written report creates a paper trail and establishes that your employer was notified.

Hold on to copies of everything you submit and any responses you receive. If the behavior continues after you’ve reported it — or if you face any pushback or retaliation for speaking up — document that too.

Understand the filing deadlines

This is one area where many people run into trouble without realizing it: There are strict time limits for filing a workplace discrimination claim. Under federal law, you generally have 180 to 300 days from the discriminatory act to file a charge with the Equal Employment Opportunity Commission (EEOC). New York State has its own deadlines as well.

The EEOC’s filing process outlines your options step by step. Missing these windows can affect your ability to pursue a legal claim, which is why it’s so important to act quickly and not wait to see if things improve on their own.

Talk to an employment attorney

You don’t have to figure this out alone, and honestly, you shouldn’t try to. An employment attorney can review your situation, tell you which laws apply, help you avoid common missteps, and make sure you meet all the necessary deadlines. Even a single consultation early on can give you a much clearer picture of where you stand and what your options are.

This is especially important if your employer is already taking steps against you — like putting you on a performance improvement plan, reducing your hours, or creating conditions that make your job harder. These can sometimes be signs of retaliation, and a lawyer can help you recognize and respond to them.

Take care of yourself, too

Dealing with discrimination at work is genuinely hard. It can affect your confidence, your focus, and your sense of security. Lean on the people you trust, whether that’s friends, family, or a mental health professional. Taking care of yourself through this process isn’t a distraction from your case, it’s part of getting through it.

You have more support than you might think

Workplace discrimination can feel isolating, but the law is on your side — and so are the people at Valli Kane & Vagnini. If you believe you’re being discriminated against at work, reach out to our team at VKV. We’ll listen, walk you through your rights, and help you decide on the best path forward.

Former Walmart Team Lead Files Federal Lawsuit Alleging Sexual Harassment, Retaliation, and Failure to Protect Employee

A former Walmart team lead has filed a federal lawsuit alleging that the retail giant failed to protect him after he repeatedly reported workplace sexual harassment and ultimately retaliated against him by terminating his employment.

The lawsuit, filed in the U.S. District Court for the Eastern District of New York, alleges violations of Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Shawn White, who worked for Walmart from 2019 through 2023 at stores in Uniondale and Valley Stream, claims the company failed to properly investigate his complaints, failed to enforce its own workplace policies, and retaliated against him after he repeatedly sought help through internal reporting channels.

According to the complaint, White reported alleged harassment to supervisors, Walmart’s Ethics department, and Associate Relations over a period of several years. The lawsuit contends that the company either failed to adequately investigate his concerns or provided only limited responses without explaining what corrective action, if any, had been taken.

The complaint further alleges that after White reported the conduct, he experienced a pattern of disciplinary actions that culminated in his termination. White contends the disciplinary record was used as a pretext for retaliation, despite his history of positive performance evaluations.

“Ultimately, I just want Walmart to do better,” White said. “They have systems and things in place, or they claim to, but I wasn’t helped by that system.”

White’s attorney, Matthew Berman, from Valli Kane & Vagnini, couldn’t agree more, saying: “A harassment policy only means something if the company enforces it. Walmart had the protocols on paper, but Shawn White was left unprotected when it counted. We brought this case to turn his experience into real accountability and real change.” 

White’s case has received support from the Time’s Up Legal Defense Fund at the National Women’s Law Center.

“Sex harassment is, at its core, about an imbalance of power. It affects people of every sex and gender identity,” Jennifer Mondino, senior director of the Time’s Up Legal Defense Fund at the National Women’s Law Center, said in a statement. “Too often, men and people who don’t identify as women face additional stigma and disbelief when they come forward.”

Mondino added, “Workers should never face retaliation for reporting abuse, and Walmart must answer when they fail to protect their workers.”

Federal and New York law prohibit employers from retaliating against employees who report unlawful workplace harassment or discrimination. Employers also have a legal obligation to take complaints seriously and conduct appropriate investigations when concerns are raised.

Berman spoke about what this lawsuit could mean for other Walmart employees, saying “It takes real courage to come forward against a company the size of Walmart. Shawn White did it not just for himself, but so the next employee is met with protection instead of silence. We’re proud to represent him.“

White’s lawsuit seeks lost wages and benefits, compensatory damages, damages for emotional distress, attorneys’ fees, and other relief. The allegations remain pending before the court, and Walmart has denied the claims by declining to comment on the active litigation.

You can read additional coverage about the case in the Long Island Herald.

New York City Bans Appearance-Based Discrimination

3 Key Takeaways

  1. New York City now prohibits discrimination based on height and weight in employment, housing, and public accommodations under the New York City Human Rights Law (NYCHRL).

  2. The law applies to employers with four or more employees and took effect November 26, 2023 — meaning if you have faced this type of discrimination, you may have legal options.

  3. Certain limited exemptions exist, but stereotypes or generalizations about body size are not a valid defense under the law.

Your appearance shouldn’t determine your opportunities

New York City just took a meaningful step forward for workers’ rights. If you’ve ever felt like you were passed over for a job, denied housing, or treated differently in a public space because of your height or weight, you should know that this is now illegal in NYC. Here’s what the new law means, who it protects, and what you can do if you believe your rights have been violated.

What the law actually says

On May 26, 2023, Mayor Eric Adams signed legislation amending the New York City Human Rights Law to add height and weight as protected characteristics. The law took effect on November 26, 2023, and makes it illegal for covered entities to discriminate against someone based on their actual or perceived body size. That protection covers three key areas:

Employment: Hiring, firing, promotions, pay, and conditions of work

Housing: Rental applications, lease terms, and access to housing

Public accommodations: Hospitals, gyms, restaurants, theaters, and similar spaces

The law covers employers with four or more employees (or one or more domestic workers), housing providers, and public accommodations. In other words, most workplaces and public-facing businesses in New York City are covered.

Are there any exceptions?

Yes, but they’re narrow. An employer can only factor in height or weight when:

Federal, state, or local law specifically requires it for the job

The NYC Commission on Human Rights has issued a regulation permitting it for that particular role

Height or weight is genuinely essential to performing the core functions of the job and no reasonable alternative exists

Importantly, vague concerns about health, appearance, or company image are not valid defenses. The law is clear that stereotypes and speculative health assumptions about body size do not justify discrimination.

NYC joins a growing movement

New York City is part of a broader national trend toward protecting people from size-based discrimination. Michigan has banned height and weight discrimination statewide for decades, and cities including Binghamton (NY), Madison (WI), San Francisco (CA), and Washington, D.C. have similar protections. Several states — including New York State, New Jersey, Massachusetts, and Vermont — are actively considering statewide legislation as well.

As Mayor Adams put it when signing the bill: it shouldn’t matter how tall you are or how much you weigh when you’re applying for a job, looking for a place to live, or simply going out in your own city.

What this means if you think you’ve been discriminated against

If you believe you were passed over for a job, fired, denied housing, or treated unfairly in a public space because of your height or weight, you have the right to file a complaint with the NYC Commission on Human Rights. You can also pursue a private lawsuit with the help of an employment attorney.

Here are some examples of what could constitute a violation:

A job posting that specifies a weight or height requirement unrelated to the duties of the role

Being denied a promotion or terminated because of how you look

A landlord refusing to rent to you based on your body size

Being denied entry to or treated differently at a gym, restaurant, or hospital based on your appearance

Know your rights — we’re here to help

Discrimination based on how you look is demeaning and, in New York City, it’s now against the law. Understanding your rights is the first step. If you think you’ve experienced appearance-based discrimination at work, in housing, or in a public space, reach out to our team at VKV. We’re here to listen, help you understand your options, and stand up for you if your rights have been violated.

Workplace Discrimination? Get that Complaint Filed!

3 Key Takeaways

  1. Federal law protects employees from many forms of workplace discrimination — and most states add even more protections on top of that.

  2. There are strict deadlines for filing a complaint. Missing them can cost you your right to take action, even if your case is strong.

  3. You don't have to have all the answers before reaching out. Getting informed early can make all the difference.

You have more protection than you might think

If you've experienced harassment or discrimination at work, you should know that the law is on your side, and has been for decades. Federal law protects employees from a wide range of mistreatment on the job, and understanding those protections is the first step toward knowing what your options are.

What the law actually covers

The foundation of workplace discrimination law in this country is Title VII of the Civil Rights Act of 1964. Before it was passed, some federal protections existed, particularly around race and national origin, but Title VII significantly expanded those rights. Today, it protects employees from discrimination and harassment based on:

Race

Sex (including sexual orientation and gender identity)

National origin

Religion

Age

Disability

Any employer with 15 or more employees is subject to Title VII, and because it's a federal law, it applies the same way in every state.

The role of the EEOC

Title VII also established the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for receiving and investigating workplace discrimination complaints. If you want to bring a discrimination claim in federal court, you're generally required to go through the EEOC's process first. Think of it as a necessary first step before anything can move forward legally. You can learn more or start a complaint directly through the EEOC's website.

The deadlines you really need to know

This is where a lot of people get tripped up, so pay close attention. Under Title VII, you typically have 180 calendar days from the date of discrimination to file a complaint with the EEOC. However, if your state has its own workplace discrimination law, which most do, including New York, that window extends to 300 days.

A handful of states, like New Mexico and Georgia, don't have their own statutes, which means those employees are limited to the 180-day window.

Here's the part that matters most: The clock starts ticking when the harm occurs. You can't wait two years to see how things play out and then file. If the deadline passes, your claim can be completely barred, even if what happened to you was serious and clearly wrong.

One important exception: Ongoing harassment

There's something called a "continuous violation" that many employees don't know about, and it can actually work in your favor. If you experienced repeated harassment over a period of time, say, months of unwanted comments or advances, the deadline doesn't start from the very first incident. It starts from the last occurrence. So if the harassment was ongoing, you may have more time than you think.

The best time to reach out is now

You don't need to have everything figured out before talking to someone. In fact, the earlier you get information, the better. Whether you eventually decide to take action or not, knowing where you stand, and how much time you have, can protect your options down the road.

If you think something at work hasn't felt right, contact us or visit the EEOC's resource page to learn more. A quick conversation now could make a real difference later.

Interpreting Title VII

For decades, there was a live debate about whether federal law protected LGBTQ+ employees from workplace discrimination. The argument went like this: Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin — but it never explicitly mentioned sexual orientation or gender identity. Congress had considered expanding the law but never passed it. Courts were split. Workers in some states had protection; workers in others didn’t.

Continue reading