QUESTION

Do I have grounds for a discrimination law suit if my company will not let me start a queer club?

Asked on Jul 05th, 2022 on Labor and Employment - New York
More details to this question:
My company is 50-100 people, and has several social clubs such as yoga, crossword, and book club. I wanted to create a queer club where queer people in the company could meet others and chat/hang out. Other clubs meet about 1 week or month for 30 minutes, or meet after work for drinks. Upper management told me I could not create this club. Is this discrimination?
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1 ANSWER

Labor and Employment Attorney serving Mineola, NY
4 Awards
Possibly but I'm not sure you have monetary damage to recover. The denial of the club probably isn't what we call an "adverse employment action," such as a demotion, pay reduction, termination, denial of raise, or forfeiting benefits. (It didn't cause you any monetary loss.) A court may consider injunctive relief to compel the employer to allow a social club, but the employer would have the opportunity to explain itself and defend its position. Absent monetary damage, getting an attorney to sue on contingency is unlikely unless you have identified several (no specific number but more than a handful) coworkers who are interested in the club to bring a class action under state law.
Answered on Jul 06th, 2022 at 6:50 AM

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