Gender Identity Discrimination in New York
Gender identity discrimination occurs when an employer treats an employee or job applicant unfairly because of the person’s actual or perceived gender identity or gender expression. This may include discrimination against transgender, non-binary, and gender-nonconforming employees.
If you have been discriminated against at work because you are transgender, non-binary, or because of your gender identity or expression, you may have rights under federal law, the New York State Human Rights Law, and the New York City Human Rights Law, depending on the circumstances.
The Law Firm of Joseph Kilada represents employees in gender identity discrimination and employment discrimination cases throughout New York, including New York City and Long Island.
What Is Gender Identity Discrimination?
Gender identity discrimination can occur when an employer makes an employment decision because of an employee’s or applicant’s actual or perceived gender identity or gender expression.
Examples may include:
- Refusing to hire someone because they are transgender or non-binary
- Firing or demoting an employee because of gender identity
- Denying a promotion
- Paying an employee differently
- Assigning undesirable work
- Denying employment benefits or opportunities
- Treating an employee differently because of gender expression
- Refusing to recognize an employee’s gender identity
- Subjecting an employee to gender identity harassment
- Retaliating against an employee who complains about discrimination
New York State law specifically prohibits employment discrimination based on gender identity or expression.
Transgender Discrimination in the Workplace
Transgender discrimination is a form of gender identity discrimination. An employer may not discriminate against an employee because the employee is transgender, is transitioning, intends to transition, or is perceived to be transgender.
Federal Title VII of the Civil Rights Act of 1964 prohibits employment discrimination because of sex, including discrimination based on transgender status. New York State and New York City laws provide additional protections concerning gender identity and expression. (eeoc.gov)
Gender Expression and Non-Binary Discrimination
Gender expression can include a person’s appearance, clothing, behavior, mannerisms, or other characteristics associated with gender.
An employee may experience unlawful discrimination when an employer treats the employee differently because the employee does not conform to traditional gender stereotypes.
Non-binary employees may also be protected from workplace discrimination based on their gender identity or expression. Discriminatory conduct can include denying employment opportunities, imposing unequal workplace conditions, or subjecting an employee to harassment because of gender identity.
Name and Pronoun Discrimination
Workplace disputes may also involve an employee’s name, pronouns, or gendered title.
New York City specifically provides protections relating to an individual’s self-identified name, pronoun, and gendered title. Deliberate refusal to use an appropriate name or pronoun because of gender may violate the New York City Human Rights Law, subject to applicable legal requirements and exceptions. (nyc.gov)
Repeated misgendering, inappropriate use of a former name, or other conduct relating to an employee’s gender identity should be evaluated in the context of the entire workplace situation.
Gender Identity Harassment
Gender identity harassment can include offensive comments, insults, jokes, stereotypes, deliberate misgendering, unwanted comments about a person’s gender or transition, or other unwelcome conduct because of gender identity or expression.
Harassment does not necessarily have to be sexual in nature. Depending upon the circumstances, harassment by a supervisor, co-worker, customer, client, or another person may create legal issues under applicable employment discrimination laws.
Discrimination During Gender Transition
An employee should not lose employment opportunities simply because the employee is transitioning or intends to transition.
Potential discriminatory conduct may include:
- Terminating an employee after learning about a transition
- Refusing to hire or promote an employee because of a transition
- Denying benefits or employment opportunities
- Treating an employee differently after the employee begins presenting consistently with their gender identity
- Subjecting an employee to harassment
- Retaliating against an employee who complains about discrimination
New York recognizes protections for individuals who are transgender or transitioning under its gender identity and expression protections. (dhr.ny.gov)
Gender Identity Discrimination in Hiring and Employment
Gender identity discrimination can occur before employment even begins.
An employer may potentially violate the law by refusing to hire an otherwise qualified applicant because the applicant is transgender, non-binary, or perceived to have a particular gender identity.
Discrimination is not limited to hiring and termination. Depending upon the circumstances, it can involve pay, promotions, job assignments, discipline, benefits, training, workplace conditions, and other terms of employment.
Gender Identity Discrimination and Retaliation
An employee who complains about gender identity discrimination or harassment may be protected against workplace retaliation.
Potential retaliation can include:
- Termination
- Demotion
- Discipline
- Reduced hours
- Denial of promotion
- Unfavorable assignments
- Increased scrutiny
- Other materially adverse treatment
Federal and New York law provide protections against retaliation for opposing unlawful discrimination or participating in an investigation or proceeding involving discrimination. (eeoc.gov)
What Should I Do If I Experience Gender Identity Discrimination?
If you believe you are experiencing gender identity discrimination at work, consider preserving relevant evidence, including emails, text messages, performance reviews, disciplinary notices, workplace communications, and documentation of discriminatory comments or harassment.
It can also be helpful to document significant incidents, including dates, what happened, who was involved, and potential witnesses.
You do not have to wait until you are terminated before seeking legal advice. Hiring decisions, compensation, promotions, job assignments, discipline, harassment, benefits, and other employment decisions may potentially involve unlawful discrimination.
Employment discrimination laws also contain important procedural requirements and deadlines. An attorney can evaluate the circumstances and determine what legal protections and remedies may apply.
Gender Identity Discrimination Lawyer in New York
If you believe you have experienced gender identity discrimination, transgender discrimination, non-binary discrimination, gender expression discrimination, gender identity harassment, or retaliation, you may want to speak with an experienced New York employment discrimination attorney.
The Law Firm of Joseph Kilada represents employees throughout New York City and Long Island, including Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, and Suffolk County.
Our firm handles employment discrimination matters involving Title VII, the New York State Human Rights Law, the New York City Human Rights Law, EEOC proceedings, transgender discrimination, gender identity discrimination, workplace harassment, and retaliation.
If you have been treated unfairly at work because you are transgender, non-binary, gender-nonconforming, or because of your gender identity or expression, contact the Law Firm of Joseph Kilada to discuss your situation.
This page provides general information and is not legal advice. Employment laws, deadlines, procedures, defenses, and potential remedies depend upon the facts and circumstances of each matter.