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Sex & Gender Discrimination

New York Sex & Gender Discrimination Attorneys

Fighting For Sex & Gender Discrimination Victims in the Empire State

In the workplace, every employee has the right to feel respected and valued regardless of their sex or gender. However, discrimination based on these protected characteristics remains an issue in many professional environments. When employees experience these unfair actions, they may have the right to pursue legal action to protect their rights and secure compensation for damages.

Pursuing a discrimination claim can be challenging, but with experienced legal guidance, employees can navigate this complex process and seek justice. At Schwartz Perry & Heller LLP, we are dedicated to representing individuals who face discrimination, ensuring their voices are heard and their rights are protected.

Call Schwartz Perry & Heller LLP today at (646) 490-0221 or contact us online to schedule a consultation with our sex & gender discrimination attorney in New York.

Common Examples of Sex & Gender Discrimination

Under New York law, employers must hold men and women to the same workplace policies and standards when making decisions such as hiring, termination, promotion, training, position requirements, and general office treatment and demeanor. Sex and gender can include a person’s biological characteristics, social constructions regarding gender identity, or a mix of both. This means that an employer cannot take negative action against a worker for physical or perceived issues of sex and gender.

Examples of sex and gender discrimination can include:

  • You are repeatedly denied promotions at work that are filled by members of the opposite sex despite the fact that they are demonstrably less qualified.
  • Members of one sex are paid more than their counterparts.
  • Employees are reprimanded for being “too manly” or “too womanly.”
  • An employer makes a hiring decision based on information such as if an applicant is married, has children, or plans to have children.
  • Managers or staff harass or speak to workers of one gender in a demeaning or derogatory manner.
  • Employers will only hire applicants based on the sex or gender of workers who are “traditionally” perceived to fill those roles.

Protect Your Rights Against Gender Discrimination 

Gender discrimination in the workplace is not only unfair, but it is also against the law. As an employee, you have the right to a safe and inclusive work environment, free from any form of discrimination based on your gender or sex. At Schwartz Perry & Heller LLP, our experienced New York City gender discrimination attorneys are here to help you understand and protect your rights.

Our team of dedicated lawyers is committed to handling gender discrimination cases and can assist you in:

  • Providing legal advice and guidance on your rights under New York City and federal employment laws
  • Assessing your case and determining if you have a valid claim for gender discrimination
  • Gathering evidence and building a strong case to support your claims
  • Negotiating with employers and their legal representatives to seek fair compensation for the harm caused by discrimination
  • Representing you in court if necessary, fighting vigorously to ensure that justice is served

Don't let gender discrimination go unchallenged. Contact our experienced attorneys today at (646) 490-0221 to schedule a consultation and take the first step towards fighting for your rights and creating a more equitable workplace.

What Proof Do I Need in a Sex & Gender Discrimination Claim?

Successfully pursuing a sex or gender discrimination claim requires strong evidence to support the claim that adverse actions or unfair treatment stemmed from the employee's sex or gender. Commonly, discrimination claims can be substantiated by direct or circumstantial evidence, depending on the specifics of the case.

  • Direct Evidence: Direct evidence in discrimination cases is any communication, behavior, or document that directly demonstrates discriminatory intent. This might include written statements, emails, or spoken remarks that indicate bias. For instance, a supervisor’s comment, such as, “We don’t promote women to this position,” could be direct evidence of sex-based discrimination.
  • Circumstantial Evidence: In many cases, direct evidence isn’t available, and plaintiffs rely on circumstantial evidence to demonstrate discrimination. This may involve proving a pattern of unfair treatment compared to colleagues of different genders or demonstrating discrepancies in pay or work conditions. Circumstantial evidence often involves showing that employees of different genders with similar qualifications and performance are treated differently regarding pay, job assignments, or promotions.
  • Disparate Treatment and Disparate Impact: Disparate treatment refers to actions that intentionally target employees based on gender or sex, while disparate impact involves policies or practices that, while neutral on the surface, disproportionately affect a particular gender or sex group. Evidence of either type can support a discrimination claim. The disparate impact often requires statistical evidence to demonstrate that a specific policy disproportionately affects a particular group.
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Meet Our Team

Why Choose Schwartz Perry & Heller LLP?

  • 100+ Years of Collective Experience
  • Personalized & Compassionate Service
  • Award-Winning Legal Counsel
  • A Track Record of Success

Our Testimonials

Our Past Clients Speak to Our Experience
    "Always available, conscientious and extremely knowledgeable."

    Outstanding lawyer. Always available, conscientious and extremely knowledgeable. Excellent at following-up both with his clients and with opposing counsel. Regardless of the size of the case, Brian will put in the work and always treat his clients with the utmost professionalism and respect.

    - N.W.
    "I trusted them entirely."

    I received the most compassionate and professional assistance from SP&H. I felt that Mr. Heller truly cared about me and the situation I was in. He was able to be my voice during a difficult time. He responded promptly to any correspondence, took the time to explain to me any questions or concerns, and helped ease any kind of stress that I had during a dispute with a previous employer. I highly recommend this firm. You are not just a number, they treat you like family. I trusted them entirely. I thank you from the bottom of my heart for all of your devoted time and effort in my legal matter.

    - A.M.
    "Their integrity, personal attention, and knowledge are superior."
    Schwartz, Perry & Heller, LLP are the most skilled Lawyers for your discrimination case in the Tri-State area. Their integrity, personal attention, and knowledge are superior. They won my case and can win yours. Nothing beats the best.
    - D.K.
    "Caring, smart, highly skilled negotiators"
    Davida Perry and Brian Heller are very caring, attentive and highly skilled negotiators who gave me expert representation to win my negotiation and achieve my goals.
    - D.
    "Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help."
    Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help. I first met Mr. Schwartz and Brian Heller a few years ago when I was working at an international firm in an IT role when I contacted them for the free consultation because I felt that I was being setup to be fired. I knew I was being treated unfairly by my manager. I felt utterly helpless and had no idea who to turn to. After meeting with Mr. Schwartz and Brian Heller, I came to understand that the unfair treatment I endured was actually discrimination. They counselled me through being fired and negotiating a settlement; an extremely upsetting and exhausting experience. They explained the rules of employment law while treating me with dignity and kindness. Due to the skill and knowledge of these attorneys, I received a substantial settlement and was able to move on to another company with my self-respect intact and without the financial hardship that would have resulted from losing my job. They also ensured that this employer could not damage my reputation going forward with future employers. Recently, when I had another issue with a different employer; I called Brian Heller right away. I knew that Brian, being extremely well versed on the latest employment laws, would be able to help me. Brian carefully guided me and I was able to “ride the wave” of unprofessionalism and threats of litigation coming my way from my former employer’s attorney. My former employer thought that they could bully and frighten me into staying with them longer so that my new job opportunity would no longer be available, and then they could let me go when it was convenient for them - and I’d be out of work. They didn’t know that I have a Secret Weapon – Brian Heller! Once Brian was on the case, those threats ceased and I was able to accept my new wonderful job and leave the worry and stress behind. I highly recommend Brian Heller and Schwartz & Perry as a firm. Over the years Brian has always treated me with kindness and respect and I have peace of mind because I have someone I trust who is on my side, who can guide me and who is willing and extremely capable of protecting my rights.
    - Former Client
    "From day 1 of the consultation to the very end I felt like the most important client to the firm."
    Amazing team of Attorneys. From day 1 of the consultation to the very end I felt like the most important client to the firm. Brian Heller who I dealt with personally was amazing. Whether it was a call or email responses were very prompt and I was kept informed every step of the way. Even a few calls just to check in and say hello. Truly an incredible experience and I would recommend them to anyone seeking justice. If they take your case they will fight with you to the end. A+
    - D.W.
    "We remain tremendously grateful for his support and look forward to working with him again."
    On short notice, Brian Heller reviewed contracts with complex international dimensions and found important discrepancies that I and other senior-level executives had missed completely. He was fast, thorough, and detail-oriented in providing pragmatic advice that enabled us to be sure that we were getting the fairest and best possible treatment under the law. We remain tremendously grateful for his support and look forward to working with him again.
    - Eric
    "Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me."
    After having a terrible experience at my last job, facing the anxiety again of having to rehash the treatment was daunting. Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me. I won’t lie, there were moments I wanted to give up, but Davida was always there to help me stay focused and realize that I didn’t need to let them win. She was really great at countering all of their arguments, I pity anyone that would try to prove her wrong. She thought of everything we need and kept me constantly updated. Mostly what I appreciated about Davida was her kindness, and her genuine care for my mental health. She wanted to make sure I was taking care of myself during a very trying time. I cannot recommend this firm enough. They all clearly care about their clients and want to do best for you. Don’t be afraid to stand up for yourself, and if you’re worried about the challenges that lie ahead be sure to team with Schwartz Perry & Heller, they will have your back and fight for justice.
    - T.B.