Legal Question in Discrimination Law in New York

Let go by Employer because Domestic Partner was fired

My domestic partner and I worked for the same company. He was fired. I was ''let go'' because of his ''situation'' and the company's security concerns with my computer access they just couldn't allow me to stay there. Can a company legally ''let go'' of someone just because of his/her domestic relationship?


Asked on 12/23/04, 2:58 pm

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Let go by Employer because Domestic Partner was fired

This is an interesting question. The answer is not obvious. My backround in civil rights law is helpful on this question.

If the domestice partnership is a heterosexual couple, then you may sue, but be prepared to accept a 'nuisance settlement'. On the other hand, if your question refers to a gay/homosexual/lesbian couple, then there is a real lawsuit here.

A condition precedent to a successful outcome is that gay/homosexual/lesbian couples are not afforded the same benefits from the company as hetero couples who are married.

The analysis is, if the company does not recognize the intimate nature of your relationship and treats you as mere "friends", then they may not treat your friendship as different from other friendships for this purpose. Because they do not fire all of a person's good friends at the company when that person is terminated, then they may not the "friends" gay/homosexual/lesbian person.

Classic discrimination on the basis of sexual orientation and illegal in New York State. You have a sufficient cause of action and a lawsuit.

You are welcome to a consultation for no fee.

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Answered on 12/24/04, 11:48 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Let go by Employer because Domestic Partner was fired

So long as you don't have a contract to the contrary, in New York as in most States, you are an "at will" employee and can be let go for no reason at all.

Your question basically seems to be can an employer discriminate against an employee because of a domestic relationship.

The answer is no, under both State and Federal Law.However, since these are complex cases and you have not provided more detail, I can't provide more analysis.

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Answered on 12/24/04, 4:09 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Let go by Employer because Domestic Partner was fired

The answer really depends on which city or State you live in. Some states and cities have legislation designed to protect people from discrimination based upon their living arrangement, but short of specifically designed litigation, the termination you describe is unfortunate, but not illegal.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 12/23/04, 3:22 pm


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