Sex Discrimination / Gender Discrimination in the Workplace: New York FAQ
Gender discrimination and sex discrimination can affect hiring, compensation, promotions, job assignments, working conditions, and continued employment. Employees in New York may be protected by federal law, the New York State Human Rights Law, and, when applicable, the New York City Human Rights Law.
If you are looking for a New York gender discrimination lawyer or sex discrimination lawyer, the following frequently asked questions provide general information about workplace gender discrimination, pregnancy discrimination, gender identity and gender expression, equal pay, sexual harassment, and retaliation.
For more information about legal representation, see our New York Gender & Sex Discrimination Lawyer page.
What Is Gender Discrimination in the Workplace?
Gender discrimination occurs when an employer treats an employee or job applicant differently because of sex, gender, pregnancy, gender identity, gender expression, or another characteristic protected by applicable law.
It can affect hiring, termination, compensation, promotions, job assignments, scheduling, benefits, discipline, performance evaluations, and other terms and conditions of employment.
Discrimination may be direct, such as an employer stating that women should not perform a particular job, or more subtle, such as decisions based on gender stereotypes or assumptions about how men or women should behave at work.
Is Gender Discrimination the Same as Sex Discrimination?
The terms gender discrimination and sex discrimination are often used interchangeably when discussing workplace discrimination.
Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating because of sex. New York law also prohibits employment discrimination based on sex and provides protections concerning sexual orientation, gender identity, and gender expression.
The laws that apply depend upon the employee, employer, workplace location, and circumstances.
Is Gender Discrimination Illegal in New York?
Yes. Federal law, the New York State Human Rights Law, and, when applicable, the New York City Human Rights Law prohibit various forms of employment discrimination based on sex or gender.
New York law protects employees and applicants in areas including hiring, employment, compensation, and the terms and conditions of employment. It also prohibits retaliation for opposing unlawful discriminatory practices or participating in discrimination proceedings. (New York State Attorney General)
Employees working in New York City may have additional protections under the New York City Human Rights Law, including protections involving hiring, salary and benefits, promotions, discipline, termination, and other employment decisions. (New York City Government)
Can I Be Discriminated Against Because I Am Pregnant?
Pregnancy discrimination is generally a form of sex discrimination. An employer generally cannot refuse to hire, terminate, demote, reduce compensation, or otherwise treat an employee unfavorably because of pregnancy, childbirth, or a related medical condition.
Examples may include firing an employee after learning she is pregnant, denying a promotion, reducing hours, or making assumptions about her ability or commitment to work.
The federal Pregnant Workers Fairness Act (PWFA) provides reasonable-accommodation protections for covered employees with known limitations related to pregnancy, childbirth, or related medical conditions. New York State and New York City also provide pregnancy-related workplace protections and accommodation rights. (New York State Attorney General)
Can I Be Denied a Promotion Because of My Gender?
An employer generally cannot deny an employee a promotion because of sex or gender.
Gender discrimination may occur when an employer provides advancement opportunities to employees of one gender while denying comparable opportunities to qualified employees of another gender.
Qualifications, performance evaluations, promotion decisions, statements by decision-makers, and treatment of similarly situated employees may be relevant evidence.
What Is Gender Pay or Equal Pay Discrimination?
Gender pay discrimination can occur when an employee’s compensation is affected by sex or gender in violation of applicable law.
Potentially discriminatory compensation can include salary, bonuses, commissions, benefits, raises, or other forms of compensation.
Evidence concerning job responsibilities, compensation records, performance, and treatment of similarly situated employees may be important when evaluating an equal pay or gender pay discrimination claim.
Is Discrimination Against a Transgender Employee Illegal in New York?
New York law protects individuals against employment discrimination based on gender identity and gender expression. These protections apply to transgender and gender-nonconforming employees and applicants. (New York State Attorney General)
Potential examples include refusing to hire someone because they are transgender, terminating an employee because of gender identity, denying a promotion, imposing discriminatory workplace requirements, refusing to use an employee’s name or pronouns, or subjecting an employee to gender-based harassment.
Employees working in New York City may also have additional protections under the New York City Human Rights Law. (New York City Government)
What Is Gender Expression Discrimination?
Gender expression generally refers to the way a person presents or expresses gender, including appearance, clothing, hairstyle, behavior, or other gender-related characteristics.
Gender expression discrimination may occur when an employer treats an employee differently because the employee’s appearance or behavior does not conform to the employer’s expectations concerning gender.
Potential issues can include dress or grooming standards, names and pronouns, workplace facilities, job assignments, harassment, and other employment decisions. New York State and New York City provide protections concerning gender identity and gender expression. (New York State Attorney General)
Is Sexual Harassment Gender Discrimination?
Sexual harassment can constitute sex-based discrimination. It may include unwelcome sexual advances, sexual comments, requests for sexual favors, inappropriate touching, sexually explicit communications, or other unwelcome conduct based on sex.
Gender-based harassment does not necessarily have to be sexual. It can also involve insults, stereotypes, humiliation, degrading comments, or hostile treatment based on sex or gender.
Whether conduct constitutes unlawful harassment depends upon the circumstances and applicable federal, state, and local law.
What Is Gender Discrimination Retaliation?
Gender discrimination retaliation occurs when an employer takes adverse action against an employee because the employee engaged in legally protected activity concerning discrimination or harassment.
Protected activity may include:
- Complaining about gender or sex discrimination;
- Reporting sexual harassment;
- Opposing discriminatory conduct;
- Requesting a pregnancy-related accommodation;
- Filing a discrimination complaint; or
- Participating in an investigation or proceeding.
Retaliation can include termination, demotion, discipline, reduced hours, undesirable assignments, denial of a promotion, or other adverse treatment.
New York law protects individuals from retaliation for opposing unlawful discriminatory practices or participating in proceedings concerning discrimination. (New York State Attorney General)
How Do I Prove Gender Discrimination?
There is no single type of evidence required in every gender discrimination case.
Potential evidence may include emails, text messages, personnel records, performance evaluations, disciplinary records, compensation information, employment policies, job postings, witness testimony, and communications with supervisors or human resources.
Evidence that similarly situated employees of another gender were treated differently can be significant. Statements by decision-makers concerning sex, pregnancy, gender identity, or gender stereotypes may also be important.
The timing of an employment decision, changes in treatment, and inconsistent explanations may provide additional evidence.
What Should I Do If I Believe I Am Experiencing Gender Discrimination?
Consider documenting what occurred and preserving relevant communications and employment records. Keep copies of emails, text messages, performance reviews, disciplinary notices, accommodation requests, and communications with management or human resources.
If you have been terminated, disciplined, or presented with a severance agreement or other legal document, consider having it reviewed by an employment attorney before signing.
Employment discrimination claims may be subject to filing deadlines, so consider obtaining legal advice promptly.
Can I File a Gender Discrimination Claim in New York?
Potentially. Depending upon the circumstances, an employee may have rights under federal law, the New York State Human Rights Law, the New York City Human Rights Law, or other applicable laws.
The appropriate legal forum, filing deadline, and potential remedies depend upon factors including the nature of the claim, where the employee works, the employer involved, and when the alleged discrimination occurred.
An employment attorney can review the circumstances and help determine which laws and potential legal options may apply.
Can I File a Gender Discrimination Claim If I Still Work for the Company?
Potentially, yes. An employee does not necessarily have to leave a job before raising a workplace discrimination concern or pursuing a legal claim.
Employees may have rights concerning discriminatory treatment, harassment, unequal pay, pregnancy discrimination, gender identity or gender expression discrimination, or retaliation while still employed.
Because taking action while remaining employed can have significant practical consequences, understanding your rights and options beforehand may be important.
Where Does the Law Office of Joseph F. Kilada Handle Gender Discrimination Cases?
The Law Office of Joseph F. Kilada represents employees throughout New York City and Long Island, including:
- Manhattan
- Brooklyn
- Queens
- The Bronx
- Staten Island
- Nassau County
- Suffolk County
The firm has offices in Garden City and Penn Plaza in Manhattan and serves employees throughout the New York metropolitan area and communities across Long Island.
If you are looking for a gender discrimination lawyer in New York, NYC, Nassau County, Suffolk County, or Long Island, the firm can evaluate your circumstances and discuss your potential legal options.
This information is provided for general informational purposes and is not legal advice. Employment discrimination laws can change, and the outcome of any particular matter depends upon the specific facts and applicable law.