Derek Smith Law Group / Employment Law / Gender/Sex Discrimination / Gender or Sex Discrimination Attorneys in New York City

Gender or Sex Discrimination Attorneys in New York City

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What Is Discrimination Based on Sex or Gender in New York City?
Contact Our Experiences New York City Sex or Gender Discrimination Attorneys for a Free Consultation
Different Types of Workplace Discrimination Cases We Handle:

Sex or gender discrimination in the workplace is illegal in New York City. It is also extremely common. When a man or woman is harassed or treated unfairly by an employer, CEO, co-worker, supervisor or manager, client or customer, vendor, or other non-employee simply based on being a man or woman, he or she has become the victim of sex or gender discrimination. For over 25 years, the experienced attorneys at the Derek Smith Law Group have helped victims of sex or gender discrimination in New York City, just like you, receive the justice they deserve.

What Is Discrimination Based on Sex or Gender in New York City?

Sex or gender discrimination is when a man or woman is treated unfairly or harassed by an employer, CEO, supervisor or manager, co-worker, client or customer, vendor, or non-employee because the person is a man or a woman. It affects women as much as men and can come from people of the same sex or opposite sex. Employees and job applicants are protected from sex or gender discrimination in the workplace by both federal and local New York City laws. Unfortunately, it is among the most common types of discrimination in the workplace.

What Laws Protect Employees from Sex or Gender Discrimination in New York City?

Title VII of the Civil Rights Act of 1964 (Title VII) is the federal law which protects employees and job applicants in companies with 15 or more employees from gender or sex discrimination in the workplace. The Equal Pay Act of 1963 specifically protects employees from unequal pay for the same job base on gender.

In other words, both men and women are entitled to receive the same pay for substantially equal jobs in the same company when they have worked for the same amount of time. The New York State Human Rights Law (NYHRA) and the New York City Human Rights Law (NYC HRA) protect employees and job applicants in companies with 4 or more employees from sex or gender discrimination in the workplace.

What Evidence Is Needed to Prove Sex or Gender Discrimination in New York City?

As a victim of sex or gender discrimination, you will need evidence to help prove your case in court. Evidence may come in three forms: direct; disparate; and policy.

Direct Evidence. Direct evidence is exactly how it sounds. Often called the “smoking gun,” it is when you are told directly or indirectly that you are being treated a certain way because of your gender. This can be written or verbal. Sometimes the comments will be made to you. Other times, you will overhear a conversation or accidentally see an email or text, however, the message is very clear.

Disparate Evidence. Disparate evidence is when you can show a cause and effect relationship between the discriminatory behavior and your sex or gender that may be inferred, but not directly stated. For instance, if you are denied a promotion and a colleague of the opposite sec is given that promotion, and it occurs regularly in your office, you may have disparate evidence to help prove sex or gender discrimination.

Policy Evidence. Policy evidence is when a policy is inherently discriminatory and following it will result in discrimination. For instance, if a policy states that only women can work in the baby section of the store, this is inherently discriminatory against men and can be used as evidence of sex or gender discrimination.

What Are Examples of Sex or Gender Discrimination in New York City?

Sex or gender discrimination comes in many forms. It can affect men and women and come from someone of the same sex or opposite sex. Some examples of sex or gender discrimination include, but are not limited to:

Your co-worker constantly makes sexist comments that you repeatedly say offend you
You are passed over for a promotion because of your sex
Denying a woman a promotion because she has hit the “glass ceiling”
Denying a woman benefits for her husband and children while offering her male counterparts benefits for their wives and children
You are reassigned from a job that is primarily “meant for a woman” because you are a man
You are paid significantly less than your male counterparts
You are terminated because you complained about a co-worker using derogatory slurs about women in the workplace
You were demoted because your boss does not trust men to work hard
You were denied a pay raise, while your female counterparts received a significant pay raise and had been at the office for the same amount of time as you and hand in the same quality of work as you.
Your supervisor refused to let you work on a project because you are a woman
Your female boss said you are not feminine enough in the office and asked you to start acting and dressing more like a woman
Your male boss made fun of you for being “girly” because you did not play any sports
You were denied a job because you are a man and the job you interviewed for has only ever been filled by a woman, even though that is not a necessity for the job duties.

Testimonials

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Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.

During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

Get Help for Workplace Discrimination

Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!

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What Is the Statute of Limitations to File a Lawsuit for Sex or Gender Discrimination in New York City?

A Title VII claim and an Equal Pay claim can be filed with the Equal Employment Opportunity Commission (EEOC) within 300 days of the last incident of sex or gender discrimination. The EEOC will investigate the claim and determine whether it falls under the guidelines for sex or gender discrimination. They will then issue a Right to Sue letter, allowing you to file your lawsuit in federal court.

Under the New York State and City Human Rights Laws, your time limit to file a lawsuit with the New York State Human Rights Commission (NYHRC) or the New York City Human Rights Commission (NYCHRC) is one year from the date of the last incidence of sex or gender discrimination.

What Remedies Are Available in New York City for Sex or Gender Discrimination?

As a victim of sex or gender discrimination in the workplace, it is normal to want to know what the courts will do to remedy the claim. Relief offered through the courts varies from case to case but may include:

Reinstatement of employment and/or benefits
Reimbursement of benefit premiums
Reimbursement of medical and other related expenses
Reassignment or termination of the person responsible for the discriminatory behavior
Reviewing and revamping sex and gender discrimination policies
Attorney’s fees
Back pay
Future pay
Pain and suffering
Emotional distress
Punitive damages

How Long Will a Sex or Gender Discrimination Lawsuit in New York City Last?

A lawsuit for sex or gender discrimination in New York City can take anywhere from 4 to 6 months to a year or longer, depending on the details of your case. If your employer is willing to negotiate a fair settlement, your case may settle in as quickly as 4 to 6 months. However, if your employer insists on going to trial, your case may take 8 months to a year or more to prepare for trial. The trial may then last anywhere from a few days to several weeks or more until a judgment is entered by the court.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

A Few Things You Can Do Right Now

As you plan your next steps for your gender discrimination lawsuit, there are a few things you should do immediately to help move your case along.

Contact an experienced sex or gender discrimination attorney immediately.
If you are still employed, do not quit your job until you consult your lawyer.
If your company has an HR department, file a complaint in writing regarding the sex or gender discrimination.
If your company has a policy regarding sex or gender discrimination, follow it.
Gather evidence. Document every incident including what occurred, when and where it occurred, who was involved, and any witnesses.
Do not waste time. Your time to file a lawsuit against your employer is limited. Do not wait until it is too late.

Contact Our Experiences New York City Sex or Gender Discrimination Attorneys for a Free Consultation

In this day and age, no employee should ever have to worry about being discriminated against due to gender. If you are the victim of sex or gender discrimination in New York City, the experienced attorneys at the Derek Smith Law Group can help. Contact us today at (212) 587-0760 for a free consultation. We do not collect any money until you win your case.

Different Types of Workplace Discrimination Cases We Handle:

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