When Religious Beliefs Clash with Civil Rights: The Growing Battle Over LGBTQ+ Discrimination in New York Workplaces
In New York’s evolving employment landscape, a complex legal battleground is emerging where faith-based employers are increasingly testing the boundaries of religious exemptions against robust LGBTQ+ workplace protections. Religious exemptions are also likely to be more prominent in workplace discrimination cases. The executive order prioritizes the protection of religious beliefs over the rights of LGBTQ+ employees. This tension has created a challenging environment where employees need to understand when religious claims cross legal lines into discrimination territory.
New York’s Strong LGBTQ+ Protections
New York offers some of the nation’s most comprehensive LGBTQ+ workplace protections. In New York State, SONDA protects individuals from being discriminated against on the basis of their actual or perceived sexual orientation in housing, employment, access to public accommodations and credit. The only exceptions to the rule are “religious or denominational institution” or “organization operated for charitable or educational purposes.” This law protects everyone from discrimination, including those who identify as transgender. Additionally, In January of 2019, New York State passed the Gender Expression Non-discrimination Act (GENDA), prohibiting discrimination against transgender persons in employment, housing, public accommodations, education and credit. The newly enacted law explicitly protect transgender and gender non-conforming individuals from discrimination by adding gender identity and expression as protected classes under New York State’s existing human rights law.
New York City provides even stronger protections. New York City, for example, provides broader protections than New York State. Under the NYC Human Rights Law, it is illegal to discriminate based on actual or perceived sexual orientation or gender. Discrimination because of gender includes discrimination based on gender identity or expression, or being intersex. These protections cover discrimination in many places, including at work, at school, in housing, and in public spaces, such as restaurants, movie theaters, or parks.
The Narrow Scope of Religious Exemptions
Despite some employers’ claims, Religious exemptions to sexual orientation protections are far narrower than many employers claim. Most businesses—even those with religious owners or missions—cannot legally discriminate based on sexual orientation. The law requires consistency in applying religious principles. Courts examine whether employers apply religious principles consistently. An employer who claims religious objections to same-sex relationships but ignores employees who divorce, live together unmarried, or violate other religious tenets? That inconsistency suggests discrimination, not genuine religious belief.
The EEOC emphasized this in guidance following Bostock: selective enforcement of religious beliefs against LGBTQ+ employees while ignoring other “sins” indicates illegal discrimination. This principle helps distinguish between legitimate religious practices and discriminatory behavior disguised as religious freedom.
When Faith-Based Employers Cross Legal Lines
Several warning signs indicate when religious exemption claims may be legally questionable. Watch for these warning signs that religious exemptions are being misused: Sudden discovery of religious objections after years of operation · Religious rules that only apply to LGBTQ+ employees Employers cannot selectively apply religious beliefs only when convenient or solely targeting LGBTQ+ individuals.
Even legitimate religious organizations face limitations. Even legitimate religious organizations can’t discriminate in all circumstances. Religious organizations that accept federal grants or contracts often must follow federal non-discrimination rules. Executive Order 11246, as amended, prohibits federal contractors from discriminating based on sexual orientation or gender identity—even religious contractors in most cases.
The boundaries are clear: The law seeks to balance religious freedom with equal employment rights. But that balance has clear limits: religious beliefs don’t override civil rights laws for most employers. An employer can’t “accommodate” one employee’s religious beliefs by discriminating against another employee’s sexual orientation.
Current Legal Climate and Federal Changes
The legal landscape has become more challenging for LGBTQ+ employees recently. The federal government is moving aggressively to dismantle workplace protections for LGBTQ+ employees. On January 20, 2025, President Donald Trump issued an executive order titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” In response to this executive order, the Equal Employment Opportunity Commission (EEOC) has already begun rolling back protections for LGBTQ+ workers. On January 31, 2025, the EEOC announced that all discrimination charges related to sexual orientation and gender identity will now be sent to national headquarters for review.
These federal changes make state and local protections even more crucial for New York employees, and highlight the importance of working with experienced legal counsel who understands the evolving landscape.
Protecting Your Rights
If you suspect your employer is using religious exemptions to justify discrimination, take immediate action. Document the religious claim. Get it in writing if possible. Examine consistency. Document how the employer treats other religious issues. Do they enforce all religious principles equally, or just those affecting LGBTQ+ employees?
Research your state and local laws immediately. Many jurisdictions provide stronger protections than federal law, with narrower religious exemptions. Some localities prohibit discrimination even by religious organizations for non-ministerial positions. This research is particularly important in New York, where state and city laws often provide stronger protections than federal law.
The Importance of Expert Legal Representation
Navigating LGBTQ+ discrimination cases involving religious exemption claims requires specialized knowledge and experience. The Howley Law Firm, located in New York City, brings decades of employment law expertise to these complex cases. After many years of defending multinational corporations, we formed this law firm to give individual executives, professionals, and employees the same high-quality legal representation. We focus on representing individuals in the areas of employment rights in New York and whistleblower rewards nationwide.
With a track record that includes an $80 million victory for middle managers in a race discrimination class action and extensive experience in employment discrimination cases, the firm understands the nuances of when religious exemption claims cross into illegal discrimination territory. State and federal laws prohibit discrimination on the basis of age, sex, disability, race, religion, or national origin. Some of these laws also protect against discrimination based on sexual orientation or identity.
If you’re facing workplace discrimination that an employer attempts to justify through religious exemptions, consulting with an experienced lgbt discrimination lawyer is crucial. In most cases, The Howley Law Firm works on a contingency fee basis. That means you will not pay us any legal fees unless you win. When it comes to your employment rights, however, you need to act as soon as possible, because your rights are subject to strict time limits and procedural requirements.
Moving Forward
The intersection of religious freedom and LGBTQ+ rights in New York workplaces continues to evolve, but the legal principles remain clear. Understanding these boundaries helps you recognize when an employer’s religious exemption claim is legitimate versus when it’s illegal discrimination wearing a religious mask. While employers may have legitimate religious exemptions in narrow circumstances, these cannot be used as a shield for broad-based discrimination against LGBTQ+ employees.
New York’s strong anti-discrimination laws provide significant protections, but employees must be proactive in understanding and enforcing their rights. With the current federal landscape becoming more challenging, having knowledgeable legal representation becomes even more critical for those facing discrimination in the workplace.