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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.
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.
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.
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.
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:
Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.
View All TestimonialsOlivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial
Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial
Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial
I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial
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 Testimonial
This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!
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
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
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 🙂
Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial
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
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
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
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.
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:
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.
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.
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.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.
Our experienced employment lawyers are dedicated to resolving your workplace rights concerns with expertise and care.