Overview

Defined:

Sex/gender discrimination occurs when an employer provides more favourable employment terms or conditions to one sex over the other.

Minimum employees:

  • Federal law: generally 15+
  • New York State/City law: 4+

Don't Accept Unfair Treatment Because Of Your Sex Or Gender

Title VII of the Civil Rights Act of 1964 is the federal law that prohibits sex and gender discrimination in workplaces employing 15 or more employees. Under this law, an employer may not make decisions based upon presumptions or stereotypes about the abilities and traits of a particular gender. The Equal Pay Act is another federal law that prohibits pay disparities based upon sex for work requiring equal skill, effort and responsibility, performed under similar working conditions. An employer must provide the same rate of pay and benefits to male and female employees. With the recent passage of the Lilly Ledbetter Fair Pay Act, Congress created a "paycheck accrual" rule, which greatly expanded the statute of limitation for pay discrimination claims.

New York City and State Human Rights laws also prohibit discrimination based on this protected classification for employers with four or more employees.

Some examples of sex/gender discrimination include:

  • Consistently promoting male employees, while keeping female employees in the same positions
  • Paying male employees more than female employees
  • Providing paid time off for female employees following the birth or adoption of a new baby, while not allowing men the same

Contact Fisher Taubenfeld LLP

We offer a free and confidential phone consultation in which you can discuss your workplace mistreatment. Send an email or call 646-741-3490, toll free 866-654-0343, to speak with an experienced New York workplace gender discrimination lawyer.