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.
• Documentation and Witnesses: Retaining records of any incidents or unfair treatment is essential for building a discrimination case. This includes keeping copies of emails, performance reviews, or policy changes that indicate differential treatment. Witness statements can also provide powerful evidence, especially if multiple employees observe discriminatory behavior or practices.
• Retaliation Evidence: Employees who file complaints or raise concerns about discrimination are legally protected against retaliation. If an employer retaliates by demoting, disciplining, or even terminating an employee after they’ve reported discrimination, this could be grounds for an additional claim. Documenting any adverse actions following a discrimination complaint helps strengthen a retaliation claim.
• Employment Records: Evidence related to an employee’s qualifications, job performance, and employment history can also support a discrimination claim. Performance reviews, disciplinary records, and other employment documents can demonstrate that an employee was qualified for a position or promotion but was unfairly denied these opportunities due to their sex or gender.

Contact Our New York Sex & Gender Discrimination Attorney Today

The workplace must be an equal-opportunity environment for both men and women. This is not just a suggestion; it is the law. In the state of New York, it is illegal for an employer to treat employees differently solely based on gender or sex. Sex and gender discrimination laws protect both men and women from issues such as unequal pay, sexual harassment, and positional bias. If you think you have experienced discrimination in the workplace, do not hesitate to call Schwartz Perry & Heller LLP.

Our New York employment attorneys have over a century of combined legal experience and can help you hold employers responsible for discriminatory actions. We know that experiencing any workplace issue can be tremendously stressful, and you may believe that your livelihood is in danger. However, companies cannot legally take retaliatory actions against employees for expressing their rights. For more information, read our guide to the basic elements of a discrimination claim.

Our firm can help you to recover damages, including:

• Lost wages
• Emotional hardship
• Legal fees
• Punitive damages