New York Attorneys Help Workers Hold Employers Responsible for Gender Discrimination
Our gender discrimination lawyers negotiate and litigate sex discrimination claims for clients in New York including New York City, Long Island and the entire metropolitan area. Our clients face discriminatory treatment at their jobs because of things like their gender, gender identity or pregnancy. Some are sexually harassed by their managers or bosses, making life at work unbearable. Others lose job or promotion opportunities to less qualified individuals in retaliation for trying to assert their rights. We understand that employment discrimination takes on many different forms and that it can happen to male and female employees. Laws protect both men and women from sex discrimination and, in New York, individuals who identify as transgender also receive protection from discrimination in the workplace.
Employment discrimination based on gender or sex is unlawful. When unequal treatment or sex harassment makes it difficult or frightening to go to work each day, or causes you to suffer negative employment consequences, you may want to consider speaking with an employment discrimination lawyer in New York who can help you understand your rights.
You may learn that you are entitled to file a sex discrimination claim against your employer and to recover monetary damages for the emotional and financial injuries you have suffered because of the discriminatory behavior. Our attorneys protect the rights of employees, understand the complexities of workplace discrimination claims, and have the skill and dedication to help you prove your case against the responsible party.
What is Gender Discrimination?
Gender discrimination and sex discrimination are terms often used interchangeably. Sex discrimination impacts primarily women in the workforce and, in fact, laws against employment discrimination were initially enacted to combat bias against female employees. However, there are a growing number of men experiencing gender discrimination and the laws apply equally to all genders.
There are states and federal antidiscrimination laws, like Title VII of the Civil Rights Act of 1964, which protect employees from certain actions and policies of their employers or prospective employers. They include things such as harassment, pay inequality, and other discrimination. Employees should not face employment decisions based on their gender or a gender-specific characteristic. For example, an employer may not refuse to hire someone because he is a male. An employer also may not fire an employee or refuse to promote her because she is a woman.
This rule has a very narrow exception, and that is if gender is a “bona fide job qualification.” If so, an employer may be able to make a decision based on an employee or applicant’s sex. It is rare for gender to be a legally acceptable job qualification, but it does happen.
Sex discrimination in the workplace occurs in various ways. It is not always obvious when an employer makes a decision because of gender. There may be other factors clouding the truth. Consider if you have experienced any of the following:
- You are a woman with outstanding qualifications for a job, but the company does not hire you claiming its clients “prefer to work alongside men.”
- Citing cutbacks in your department, the business you work for fires you – but none of the men on your team.
- You receive less pay, bonus incentives or commissions, than someone of a different gender performing the same work, for the same company.
- You receive different benefits than an employee of a different gender.
- Despite being a hard-working, successful, female employee who has received only positive performance reviews, promotions for which you are qualified always go to men in your office.
- A supervisor or manager requests that you perform a sexual favor, threatening an adverse employment decision if you do not comply or promising an employment benefit if you do. This scenario is called quid pro quo sexual harassment and is a form of gender discrimination.
- You are a qualified male applicant but do not get the job because the store says customers are more likely to buy from women.
- A co-worker often shouts sexually inappropriate comments at you making you feel uncomfortable and unsafe to the point where it is difficult to get your work done. This behavior may constitute unlawful sexual harassment because it creates a hostile work environment, also a form of sex discrimination.
Employers are Responsible for Sex Harassment and Gender Discrimination
Under the federal Civil Rights Act and its amendments, an employer is prohibited from discriminating against any employee or job applicant based on gender, race, religion, pregnancy, color, age or disability. The Civil Rights Act, however, does not bind all employers all the time. For instance, a private business with less than 15 employees does not necessarily have to abide by the provisions of the Act.
For this reason, New York State laws provide additional protection for more employees. In New York or New York City, a private business need have only four employees to be bound by state human rights laws.
The rules and regulations that apply to different cases of employment discrimination can be confusing as can be determining under which one to proceed with a claim. Lawyers experienced with gender discrimination cases can be of great help. Once we understand the circumstances of your discrimination or harassment, we can work with you to determine the best course of action to pursue against your employer.
An employer can be held responsible for the actions of its employees including harassment and discrimination. If the employer knew or should have known about it and did not take appropriate steps to fix the situation, the employee might be able to collect damages from the employer. The same may also be true when a third party such as a customer or vendor sexually harasses or discriminates against an employee.
Contact Gender Discrimination and Sexual Harassment Lawyers to File Claim
We have the people you want representing you when you are considering filing a claim for damages from sex harassment or gender discrimination against your employer. We thoroughly understand all of the laws that apply to equal employment rights on federal and state levels. These laws include Title VII, the Women’s Equality Act, New York State and City Human Rights Law and others. Our attorneys can compassionately guide you through the process of investigating, filing an administrative claim, negotiating a settlement or taking your case to court, if that is what it takes to achieve the fair result you deserve.
Our legal team prides itself on being professional, compassionate advocates for employees in New York City and the entire region, including Long Island and the five boroughs. Contact us for a free consultation. Someone is available to take your call 24/7. Time may be of the essence so call today at 1-800-585-4658.