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.
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.
- 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.
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.
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:
- Reinstatement of employment/benefits
- Reimbursement of benefits premiums
- Reimbursement of medical and other related expenses
- Reassignment or termination of the person responsible for discriminatory behavior
- Reviewing and revamping of sex or gender discrimination policies
- Attorney’s fees
- Back pay
- Future pay
- Pain and suffering
- Emotional distress
- Punitive damages
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.
- 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:
- Race Discrimination
- Color Discrimination
- National Origin Discrimination
- Religion Discrimination
- Age (over 40) Discrimination
- Disability Discrimination
- Pregnancy Discrimination
- Sexual Orientation Discrimination
- Genetic Information Discrimination
- Equal Pay/Compensation Discrimination
- Ethnic Discrimination
- LGBT Discrimination
- Hair Discrimination