New York Gender & Sex Discrimination Lawyers

Federal Protections Against Discrimination in the Workplace

Thanks to Title VII of the Civil Rights Act of 1964, it is illegal for employers to discriminate against workers because of their sex or gender.

One of the most obvious and pernicious forms of gender or sex discrimination is sexual harassment, which occurs far too often in the workplace as a result of the power imbalance inherent in the employment relationship.

The Equal Pay Act of 1963 (part of the Fair Labor Standards Act of 1938) makes it unlawful to pay employees of the opposite sex different wages for what is considered equal work when they have the same seniority, education, skills, or qualifications.

Yet instances of direct (unfair treatment) and indirect (unfair policies or practices) gender or sex discrimination in the workplace still happen all the time.

Fighting Against Gender & Sex Discrimination in the Workplace

Common examples of gender or sex discrimination in the workplace include refusing to hire, denying benefits, firing or demoting, refusing to promote, paying less, or forcing someone to quit based solely upon their gender.

Today’s gender discrimination laws also include protections for gender identity and gender expression, which may not necessarily be based on an individual’s sex assigned to them at birth.

It is illegal for an employer to treat people unfavorably or differently due to gender stereotypes. All employees have the right to equal pay, job training, benefits, working conditions, and promotional opportunities regardless of their gender identity.

In addition to protecting workers in companies with over 15 employees on their staff, New York’s gender discrimination laws also include independent contractors, subcontractors, vendors, consultants, and domestic workers.

It is also an employer’s responsibility to ensure gender-based harassment does not occur in the workplace. Harassment can be considered illegal if it subjects a person to inferior terms, conditions, or privileges of employment.

Companies should adopt a zero-tolerance policy regarding offensive jokes, slurs, and derogatory comments about gender identity or expression, as these can create an unlawful hostile work environment.

How to File a Gender & Sex Discrimination Claim

If you believe you have been discriminated against in the workplace because of your gender or sex, you have the right to pursue legal action.

You should consider filing a written complaint with your supervisor or human resources department and keeping a copy for your records. Document each incident thoroughly, noting the time, date, place, and any witnesses.

You may also choose to file a gender discrimination claim with the U.S. Equal Employment Opportunity Commission (EEOC). It is always best to obtain effective legal representation prior to filing a complaint with an administrative agency.

Sex discrimination claims should be filed within 180 days of the illegal action, although this deadline may be extended to 300 days in some cases. Additionally, you may file a local claim with the New York State Division of Human Rights or the New York City Commission on Human Rights.

You should always speak up about discrimination or harassment in your workplace. Once you file a formal complaint, you enjoy additional legal protections against retaliation. Remember, it is illegal for an employer to retaliate against you for filing a gender discrimination claim.

Damages to Recover from Gender & Sex Discrimination

If you have been a victim of gender or sex discrimination in the workplace, you may be entitled to compensation for lost wages and benefits, emotional distress, attorney’s fees, and punitive damages.

Damages Typically Recovered in Gender or Sex Discrimination Cases

Victims of gender discrimination in the workplace may be entitled to compensation, including back pay, front pay, compensatory damages, punitive damages, liquidated damages, court costs, and attorney’s fees.

Punitive damages punish the employer to prevent future wrongdoing. The court may also order the reinstatement of your job or promotion, in which your employer would have to rehire you.

You may qualify for compensation for the emotional distress caused by gender discrimination in the workplace.

Filippatos PLLC is Dedicated to Protecting You Against Gender and Sex Discrimination

If you believe you have been discriminated against at work due to your gender or sex, please do not hesitate to contact us. At Filippatos PLLC, we believe all individuals—from factory workers to boardroom executives—are entitled to fair pay and a workplace free from discrimination and harassment.

Our team of experienced gender and sex discrimination lawyers will fight hard to secure you the dignity, respect, and justice you deserve. We practice in New York, including the Greater Tri-State area of New Jersey and Connecticut, as well as Florida.

Please give us a call at 888-9-JOBLAW, fill out our online form, or schedule a free Zoom consultation so we may discuss the details of your case. We are committed to finding a compassionate, innovative, and successful solution that is right for you.