New York Gender Discrimination Attorney
Call (212) 600-9534 for Experienced & Skilled Legal Representation
Despite the advancement of equal rights for all, gender discrimination in the workplace continues to be a significant issue. Gender or sex discrimination on the job occurs whenever a person is treated differently on the account of their gender and may have an impact on anything related to employment, whether it’s during the hiring process or when promotions occur. Furthermore, sexual harassment is considered a form of gender discrimination that is prohibited under federal law.
If you have been subjected to discrimination or harassment in the workplace based on your gender, our New York gender discrimination attorneys at Nisar Law Group, P.C. can help you fight back. We have succeeded on behalf of employees in numerous cases involving discrimination, including gender discrimination. Let us help you prepare for your case and protect your rights.
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Experienced gender discrimination in the workplace? Contact Nisar Law Group, P.C. today at (212) 600-9534 to learn how we can be of service.
What Constitutes Gender Discrimination?
In order to have a case for gender discrimination in the workplace, the issue at hand must involve different treatment that negatively affects the terms or conditions of employment. This includes things such as employment status, job position, work duties, work schedule, pay rate or salary, and advancement and training opportunities.
A derivative of sex discrimination is sexual harassment. All genders have the right to a safe working environment and are able to perform their jobs free of unwanted demands for romantic or sexual relationships, or unwanted behaviors and communications of a sexual nature that interview with their ability to do their work.
Title VII of the Civil Rights Act of 1964 offers protections against gender discrimination in employment. Employers are not allowed “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his [or her] compensation, terms, or privileges of employment, because of such individual…sex” and “to limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise affect [the individual’s] status as an employee, because of such individual’s…sex….” Additionally, Title VII protects individuals from gender discrimination in apprenticeship and on-the-job programs, retaliation for opposing a discriminatory employment practice, and sexually laced advertisements for job positions.
What Are The Effects of Gender Discrimination?
There are many adverse effects of gender discrimination in the workplace. Not only can it cause a negative affect on the mental health of the individuals that suffer, it can also affect other members of the workplace.
Some negative effects of gender discrimination include:
- Stress
- A low company morale
- Decreased productivity
- An increase in employee turnover
- Loss of job satisfaction
If you have suffered gender discrimination in the workplace, it is important to remember that you have legal options. Don’t hesitate to get the legal counsel you deserve to receive justice from the negative affects you have endured.
New York City's Victims of Gender-Motivated Violence Protection
Acts of gender discrimination in the workplace might impact not only a person’s employment, but also their physical, emotional, and psychological well-being. Under local ordinances, victims of gender-motivated conduct that places them at risk of injury are entitled to take civil action against the responsible party.
The NYC Victims of Gender-Motivated Violence Protection law provides that, regardless of whether or not an act resulted in criminal charges or a conviction, the person harmed may seek legal remedies for injuries they sustained.
Relief under this protection may include, but is not limited to:
- Compensatory and punitive damages;
- Injunctive and declaratory relief;
- Attorneys’ fees
If you were a victim of a gender-motivated crime of violence in the workplace, speak with our New York attorneys at Nisar Law Group, P.C. We’ll provide an honest assessment of your case and discuss your legal options for holding your employer accountable.
Let Our New York Gender Discrimination Attorney Fight for You!
While our society has come a long way over the past several decades, we still have a long way to go. No matter what gender you are, the fact remains that gender discrimination continues to occur in the workplace. Our New York gender discrimination attorneys have the experience, skill, and commitment to provide you with the legal counsel and guidance you need to get the justice you deserve.
If you have experienced gender discrimination, contact us at (212) 600-9534 to schedule a consultation with our legal team.
Why We're the Right Choice
- Seasoned Litigators Who Have Handled Numerous Jury & Bench Trials
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Frequently Asked Questions About: Gender Discrimination in the Workplace
A common example is when a woman receives a lower salary than her male colleagues for doing the same job with similar qualifications and experience. Other examples include being passed over for promotions because of assumptions that women aren’t suited for leadership roles, being excluded from important business meetings or networking events, facing different dress code standards, or receiving negative performance reviews based on gender stereotypes like being called “too aggressive” for behaviors that would be praised in male employees.
Proving gender discrimination requires showing a pattern of different treatment based on your gender. Document everything: save emails with discriminatory language, keep records of different treatment compared to opposite-gender colleagues, note witnesses to discriminatory comments or actions, and preserve performance reviews that show bias. Compare how you’re treated to similarly situated employees of different genders – differences in pay, promotions, assignments, or discipline can all be evidence. The stronger your documentation of disparate treatment, the stronger your case becomes.
First, document all instances of discrimination with dates, witnesses, and specific details. Report the discrimination through your company’s internal complaint process if one exists, but don’t let that be your only action. File a complaint with the EEOC within 180 days (300 days in some states) of the discriminatory act. Consider consulting with an employment attorney to understand your rights and options. Don’t suffer in silence – discrimination rarely stops on its own, and you have legal protections against retaliation for speaking up.
The primary federal law is Title VII of the Civil Rights Act of 1964, which prohibits employers with 15 or more employees from discriminating based on sex, including pregnancy, gender identity, and sexual orientation (as established by the Supreme Court’s Bostock decision). The Equal Pay Act of 1963 specifically addresses wage discrimination, requiring equal pay for equal work regardless of gender. Many states also have their own gender discrimination laws that may provide additional protections or cover smaller employers.
Yes, you can sue for workplace sexism, but you typically need to file a complaint with the EEOC first and receive a “right to sue” letter before proceeding to federal court. Sexism that affects your job conditions, pay, promotions, or creates a hostile work environment can be the basis for legal action under Title VII. However, not every instance of sexist behavior rises to the level of illegal discrimination – it must be severe enough to affect your employment or create an abusive work environment.
Workplace sexism shows up in many forms: making assumptions about women’s commitment to work after having children, using different standards to evaluate men and women’s performance, excluding women from informal networks or decision-making, making comments about appearance instead of work performance, or assigning tasks based on gender stereotypes (like always asking women to take notes or plan office parties). It can also include sexual jokes, inappropriate comments about bodies or clothing, or creating an environment where women feel unwelcome or undervalued.
To prove your boss is discriminating, focus on documenting patterns of different treatment. Keep records of discriminatory comments, note how your boss treats male versus female employees differently, save emails or messages that show bias, and identify witnesses to discriminatory behavior. Compare your treatment to similarly situated colleagues of different genders – look at assignments, feedback, opportunities, and discipline. The key is showing that gender, not performance or other legitimate factors, is driving your boss’s decisions.
You must first establish a “prima facie” case by showing: (1) you’re a member of a protected class (your gender), (2) you were qualified for your position or the opportunity in question, (3) you suffered an adverse employment action, and (4) circumstances suggest discrimination. Once you establish this, your employer must provide a legitimate, non-discriminatory reason for their actions. Then you get the opportunity to prove their stated reason is just a pretext for discrimination. This framework helps protect employees by requiring employers to justify their actions.
Start by following your company’s internal complaint procedures – check your employee handbook for the proper reporting process. Report to HR, your supervisor (if they’re not the problem), or whoever is designated to handle discrimination complaints. Document your report in writing and keep copies. If internal reporting doesn’t resolve the issue, file a complaint with the EEOC or your state’s fair employment agency. You can also contact an employment attorney for guidance on the best approach for your specific situation.
Yes, you can recover various types of compensation for gender discrimination. This includes back pay for lost wages, front pay for future lost earnings if you can’t return to your job, compensatory damages for emotional distress and other harm, and in cases of intentional discrimination, punitive damages. You may also be entitled to attorney’s fees if you win your case. The amount depends on factors like your salary, how long the discrimination lasted, and the severity of the harm you suffered. Many cases settle before trial, allowing for negotiated compensation packages.
