Attorneys Guiding You Through The Legal Landscape of New York’s Anti-Discrimination Laws

Employees of all genders and sexes deserve equal opportunities and fair treatment. Our team at Fisher | Taubenfeld LLP, stands up for workers in New York and New Jersey, helping them hold employers responsible for bias and protecting their careers.

The Law Protects You From Sex And Gender Discrimination

Federal law protects people from sex and gender discrimination mainly through Title VII of the Civil Rights Act of 1964. This law makes it illegal for employers with 15 or more employees to treat workers or applicants unfairly because of their sex or gender.

The Equal Employment Opportunity Commission (EEOC) enforces these rules and lets people file complaints if they think they’ve faced discrimination. Solutions might include getting their job back, receiving back pay and compensatory damages.

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 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.

In New York, employees have more protection under the New York State Human Rights Law (NYSHRL). This law not only matches federal protections but also applies to smaller employers with as few as four workers. The NYSHRL provides wider definitions and protections against discrimination based on gender expression and identity. Victims can file complaints with the New York State Division of Human Rights or the New York City Commission on Human Rights for possible solutions.

New York City and New Jersey also have laws in place protecting workers against gender and sex discrimination.

What Could Sex Or Gender Discrimination Look Like?

Sex and gender discrimination can take various forms in the workplace. One major issue is pay disparities. Often, women and people of different gender identities receive lower wages than their male counterparts for doing the same job. This unfair treatment not only affects individuals’ financial well-being but also points to a broader systemic problem that needs addressing.

Another common scenario is harassment based on sex or gender. This can include inappropriate comments, jokes or unwanted advances, creating a hostile work environment. Employers or colleagues may also intentionally ignore an individual’s preferred pronouns, showing a lack of respect for their identity.

Employees should feel safe and respected at work, and harassment can severely impact their mental and emotional health. Employers must take steps to prevent and address such behavior to ensure a positive and inclusive atmosphere.

In other cases, workplaces may offer paid time off for female employees following the birth or adoption of a new baby, while not allowing men the same. This leaves some employees without the time they need to care for and bond with their child.

Discrimination can also occur when employees are denied promotions or job opportunities due to their sex, gender identity or expression. This unfair treatment limits career growth and reinforces outdated stereotypes about gender roles. Everyone deserves a fair chance to succeed and advance in their careers, and recognizing these scenarios is the first step in promoting equality at work.

How Can Employees Hold Their Employer Responsible For Workplace Bias?

The first step in stopping workplace discrimination is to document everything related to the bias. Keep detailed records of dates, times and descriptions of incidents, including any witnesses involved. Gathering evidence, like emails or messages, is crucial for showing patterns of unfair treatment.

Next, report the issue to your employer or human resources department. Follow the company’s procedures for filing complaints, if they have them. Reporting the issue officially ensures that there is a record.

If your employer does not address the problem, consider filing a complaint. You may also want to consult an employment lawyer to discuss your options and the possibility of filing a lawsuit. By taking these steps, employees can hold employers accountable and work toward a fair and inclusive workplace.

Has Discrimination Impacted You? Call Fisher | Taubenfeld LLP.

Sex and gender discrimination can change the course of your career, but you can hold biased employers responsible. Your claim can start with a free and confidential phone consultation with our team. Contact our office online or call 646-741-3490 to discuss your claim.