Gender Discrimination

Experienced New York Employee Rights Lawyer

Protecting Your Rights When You Are a Victim of Gender Discrimination

With all the media attention that’s focused on the wrongful treatment of women in the workplace, it may come as a shock that gender discrimination is still a serious problem in the American workforce. As a woman, you may still see:

  • Your male co-workers consistently get the more desirable work assignments while you get the ones they don’t want
  • Barriers to advancement because of your gender
  • Lower salary or wages for performing the same job with the same amount of experience
  • Fewer opportunities for advancement than your male counterparts
  • Social events in the workplace that consistently cater to male interests
  • A work environment that permits or condones repeated or regular references to gender or sexual matters
  • Offers of workplace advancement or threats of punishment tied to an exchange of sexual favors

Though less frequent, gender discrimination can also negatively affect men in the workplace.

At the Romero Law Group, PLLC, we fight for the rights of workers, handling a wide range of legal issues involving wrongful acts by employers. Attorney Peter Romero has fought for the rights of workers for more than  20 years, including women and men who have been victims of gender discrimination. We offer a free initial consultation to any employee with a potential employment law dispute. To schedule an appointment, Contact our offices online or call us at (631) 257-5588. We can also set up consultations by teleconference.

What Is Gender Discrimination?

Generally speaking, employment-based gender discrimination takes place when an employer makes an employment decision based on the gender of an employee or a class of employees. Though both men and women may be victims of gender discrimination, women are more likely to suffer adverse consequences because of gender discrimination.

What Are the Most Common Types of Gender Discrimination?

Gender discrimination may take many forms, including:

  • Sexual harassment, either in the form of quid pro quo harassment (an exchange of benefits or threat of punishment tied to sexual favors) or the creation of a hostile environment based on sex
  • Unequal pay for comparable work with comparable experience
  • Hiring practices that favor one gender over another
  • Disparate treatment of workers based on status as pregnant or as nursing an infant
  • Favoritism in any work-related practice, including raises, promotions, access to benefits, access to career advancement, work assignments or access to training/development.

What Are the Laws that Protect Workers against Gender Discrimination?

In the state of New York, workers who have been subject to gender discrimination may file a claim under either state or federal law.

Title VII of the Civil Rights Act of 1964 bans discrimination in employment based on sex/gender. The federal Equal Pay Act of 1963 guarantees similar compensation to men and women performing the same work. The federal Pregnancy Discrimination Act of 1978 and the Pregnant Workers Fairness Act of 2022 both afford protections to pregnant workers.

Gender discrimination in employment, housing and public accommodations is specifically prohibited under the New York State Human Rights Law. There are also protections available under the New York City Human Rights Law and The Achieve Equal Pay Act (“AEPA”), an amendment to the New York state labor law.

What Recourse Do You Have When You Have Been a Victim of Gender Discrimination?

If you believe you have been a victim of gender discrimination in New York, you may register a complaint with the New York State Division of Human Rights or with the United States Equal Employment Opportunity Commission (EEOC). It’s generally in your best interests to retain an experienced attorney to help with either filing.

Once you’ve filed your complaint, the agency will typically conduct an investigation. If the agency finds evidence of gender discrimination, it may work directly with your employer to resolve the dispute. That may include reinstatement to your job (if you have been wrongfully terminated or if you have voluntarily quit because of the discrimination), the payment of lost wages and other benefits. The agency may also require that your employer change any policies that are considered to be discriminatory.

Even if the agency does not find sufficient evidence of wrongful conduct, you may still seek damages in a civil lawsuit. Once you have exhausted all remedies through the agency, you will typically receive a “right to sue” letter, which allows you to bring a lawsuit.

Our Legal Focus

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Harassment

Employee
Rights

Disability
Discrimination

Pregnancy
Discrimination

Employment
Discrimination

Overtime Pay
& Unpaid Wages

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Whistleblower
Actions

Employment Contracts
& Enforcement

Gender
Discrimination

Employment
Defense

Retaliation
 

Restaurant Workers
& Tipped Employees

Family Medical
Leave Act

Representative
Cases

Contact a Proven New York Gender Discrimination Lawyer

Take the first step to get full and fair compensation when you have been a victim of gender discrimination at work. Contact our offices online or call us at (631) 257-5588 to schedule a free initial consultation. We are also available for teleconferences using Zoom and Microsoft Teams.

 

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Serving NYC, Northern NJ & Long Island

(631) 257-5588

Long Island Office

490 Wheeler Rd, Ste 277
Hauppauge, NY 11788

Manhattan Office

321 Broadway, Ste 400
New York, NY 10007
By Appointment Only

We offer flexible options for a free consultation, including teleconference, Zoom and Microsoft Teams.

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8559085255