New York Gender & Sex Discrimination Lawyer
If your employer has treated you differently because of your sex or gender, you may have legal rights. Gender discrimination and sex discrimination in the workplace can affect hiring, firing, promotions, compensation, job assignments, pregnancy, gender identity, gender expression, and other terms and conditions of employment.
The Law Office of Joseph F. Kilada represents employees throughout New York City and Long Island, including Manhattan and the five boroughs, Nassau County, and Suffolk County, in employment discrimination matters involving sex and gender.
Workplace discrimination is not always obvious. An employer may make a discriminatory statement or openly treat men and women differently. Discrimination can also involve more subtle decisions based on gender stereotypes, assumptions about pregnancy or family responsibilities, or an employee’s gender identity or expression.
Federal law, the New York State Human Rights Law, and the New York City Human Rights Law may protect employees and job applicants from unlawful discrimination. The laws that apply depend upon the employer, workplace, location, and circumstances.
What Is Gender or Sex Discrimination?
Gender discrimination and sex discrimination occur when an employer makes an employment decision or treats an employee or job applicant differently because of sex, gender, pregnancy, gender identity, gender expression, or another characteristic protected by applicable law.
Workplace discrimination can involve:
- Hiring and recruitment;
- Termination;
- Promotions and demotions;
- Salary and equal pay;
- Bonuses and other compensation;
- Job assignments and scheduling;
- Benefits;
- Discipline;
- Performance evaluations; and
- Other terms and conditions of employment.
For example, an employer may refuse to hire a woman because it believes a particular position is better suited for men. An employer might also deny a promotion because of gender stereotypes, impose different standards on men and women, or make assumptions about an employee’s commitment to work because of family responsibilities.
Sex Discrimination Under Federal and New York Law
Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating because of sex. Federal law also provides protections concerning pregnancy, childbirth, and related medical conditions.
New York State provides broad protections against employment discrimination based on sex, sexual orientation, and gender identity or expression. New York’s Gender Expression Non-Discrimination Act (GENDA) expressly protects gender identity and gender expression.
Employees working in New York City may have additional protections under the New York City Human Rights Law, which prohibits gender discrimination in employment and protects against discrimination involving hiring, compensation, promotions, discipline, termination, harassment, and other employment decisions.
Because federal, New York State, and New York City laws are not identical, determining which laws apply to a particular employment situation can be important.
Pregnancy Discrimination and Workplace Accommodations
Pregnancy discrimination is a form of sex discrimination. An employer generally cannot treat an employee or applicant unfavorably because of pregnancy, childbirth, or a related medical condition.
Pregnancy discrimination may include:
- Refusing to hire a pregnant applicant;
- Firing an employee after learning she is pregnant;
- Denying a promotion because of pregnancy;
- Reducing an employee’s hours because of pregnancy;
- Making assumptions about a pregnant employee’s ability or commitment to work; or
- Refusing a required pregnancy-related accommodation.
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.
Gender Identity and Gender Expression Discrimination
Gender discrimination can include discrimination against transgender, non-binary, and other employees because of their actual or perceived gender identity or gender expression.
Potential examples include:
- Refusing to hire someone because they are transgender;
- Terminating an employee because of gender identity;
- Denying a promotion because of gender identity or expression;
- Refusing to use an employee’s name or pronouns;
- Applying different dress or grooming standards based on gender;
- Restricting access to workplace facilities because of gender identity; or
- Harassing an employee because of gender identity or expression.
New York State and New York City provide protections concerning gender identity and gender expression, including workplace issues involving names and pronouns, facilities, appearance standards, harassment, and retaliation.
Gender Discrimination and Equal Pay
Gender discrimination can also involve unequal pay or gender-based pay discrimination.
Employees may have potential claims when compensation decisions are based on sex or when employees performing substantially equal work receive different compensation because of sex.
Pay discrimination can involve salary, bonuses, commissions, benefits, raises, or other forms of compensation.
Evidence concerning job responsibilities, compensation records, performance evaluations, and the treatment of similarly situated employees may be important when evaluating a potential equal pay or gender discrimination claim.
Sexual and Gender-Based Harassment
Sexual harassment is a form of sex-based discrimination. It can include unwelcome sexual advances, requests for sexual favors, sexually explicit comments, inappropriate touching, sexual jokes, or other unwelcome conduct based on sex.
Gender-based harassment does not necessarily have to be sexual. It may involve gender-related insults, stereotypes, humiliation, degrading comments, or other conduct directed at an employee because of sex, gender, gender identity, or gender expression.
Whether particular conduct constitutes unlawful workplace harassment depends upon the circumstances and applicable federal, state, and local law.
Retaliation for Reporting Discrimination
Employees may be protected against retaliation for reporting gender or sex discrimination or opposing unlawful discriminatory conduct.
Protected activity may include:
- Complaining about discrimination;
- Reporting sexual or gender-based harassment;
- Opposing discriminatory conduct;
- Requesting a pregnancy-related accommodation;
- Filing a discrimination complaint; or
- Participating in a discrimination investigation or proceeding.
Retaliation can include termination, demotion, discipline, reduced hours, undesirable assignments, denial of a promotion, or other adverse treatment.
Evidence in a Gender Discrimination Case
Workplace discrimination may be established through direct evidence, circumstantial evidence, or a combination of evidence.
Potentially relevant evidence may include emails, text messages, performance evaluations, disciplinary records, compensation information, employment policies, job postings, communications with supervisors or human resources, witness testimony, and evidence showing how similarly situated employees were treated.
You do not necessarily need a written statement admitting discrimination to have a potential claim. Statements by management, changes in treatment, inconsistent explanations, comparisons with other employees, and the timing of employment decisions may all be relevant.
New York Gender Discrimination Lawyer Serving NYC and Long Island
If you believe you have experienced gender discrimination, sex discrimination, pregnancy discrimination, gender identity or gender expression discrimination, unequal pay, sexual harassment, or retaliation, the Law Office of Joseph F. Kilada can evaluate your circumstances and discuss your potential legal options.
The firm represents employees throughout New York City and Long Island, including:
- Manhattan
- Brooklyn
- Queens
- The Bronx
- Staten Island
- Nassau County
- Suffolk County
The firm also serves employees throughout communities across Long Island, with offices in Garden City and Penn Plaza in Manhattan.
If your employer has treated you differently because of your sex or gender, discriminated against you because of pregnancy, treated you differently because of gender identity or expression, paid you differently because of sex, subjected you to sexual or gender-based harassment, or retaliated after you complained about discrimination, contact the Law Office of Joseph F. Kilada to discuss your circumstances.
This information is provided for general informational purposes and is not legal advice. Employment discrimination laws can change, and whether a particular claim may be viable depends upon the specific facts, applicable law, and potentially important filing deadlines.