You have worked hard and proved that you are an asset to your employer, but maybe you have a sneaking suspicion that your boss holds some bias against you. If you think that bias is because of your gender or gender expression, D’Andrea Law PLLC can help you enforce your rights against workplace discrimination.
Below are four examples of gender discrimination in the workplace, with tips on how to prove it in a legal proceeding. These examples may help you identify discrimination from your employer, but the best way to identify discrimination is to speak to an experienced attorney.
At D’Andrea Law PLLC, I am a New York City workplace discrimination attorney with over a decade of experience and thousands of cases under my belt. Contact this Firm today for skilled and knowledgeable guidance.
Your Legal Rights Against Gender Inequality in the Workplace
When it comes to workplace discrimination, three main laws can protect you:
- Title VII of the Federal Civil Rights Act of 1964,
- New York State Human Rights Law, and
- New York City Human Rights Law.
These laws overlap in several ways and are outlined below.
Title VII of the Civil Rights Act of 1964
On the federal level, Title VII of the Civil Rights Act of 1964 (Title VII) outlaws work decisions or treatment based on sex, including pregnancy and conditions related to pregnancy.
New York State Human Rights Law
State and city laws in New York expand the types of protections that Title VII offers. New York State Human Rights Law forbids employers from making adverse decisions against employees because of:
- Sex,
- Gender identity,
- Gender expression, or
- Sexual orientation.
Under the state law, there are many ways that an employer can violate your rights. I have extensive experience and can help you pinpoint all illegal conduct to which you may have been subject at work.
New York City Human Rights Law
When it comes to workplace discrimination, New York City Human Rights Law protects employees from discrimination based on many characteristics and activities, including the following:
- Sex,
- Sexual orientation,
- Gender,
- Gender identity,
- Decisions made regarding sexual or reproductive health, and
- Caregiver status.
Now that you understand the sex- and gender-based characteristics that federal, state, and city laws protect, let’s talk about the behaviors these laws prohibit.
Prohibition Against Mistreatment at Work
An employer cannot mistreat you or make adverse decisions against you because of your sex or gender. Adverse work decisions or treatment include:
- Refusal to hire,
- Reduction in pay or benefits,
- Harassment,
- Termination,
- Unwarranted or unequal punishment,
- Refusal to promote,
- Unequal pay or benefits, or
- Undesirable transfers or job assignments.
If any of the above-listed employer actions are motivated by sex or gender, your employer may have broken the law. If it breaks a city, state, or federal anti-discrimination law, your employer might have to compensate you for your losses and pain and make changes at its workplace.
Examples of Discrimination Against Women in the Workplace
Now that you have a background on the laws against sexism in the workplace, let’s go over the form this discrimination might take. Remember that the following are just a handful of examples and don’t account for every type of discrimination. For a deeper understanding of whether your case constitutes discrimination, you can schedule a case review with me.
1. Jokes or Insults About Gender
One offensive joke at work about or directed at women could be enough under the laws to prove unlawful harassment or sex-based discrimination.
You do not even have to be the target of offensive statements to make a harassment claim. If the comments create a work environment that a reasonable person would call hostile or intimidating, anyone present for the behavior may have a right to file a legal complaint.
The first time you hear an offensive comment at work, take note of it and your employer’s response. Take notes with details of every time there is offensive speech at work. Speak to a NYC discrimination lawyer to discuss such comments.
2. Requests for Dates or Remarks About Appearance
Some individuals treat the workplace like a dating service, which is unacceptable. If a supervisor asks you out at least once, or if a peer or patron keeps asking you out after you decline, that is sexual harassment.
Also, someone who makes comments about the shape of your body, how attractive you are, or how a clothing item fits you might be liable for sexual harassment, or in New York City, there are laws against comments on height and weight.
Sexual harassment can be a particularly traumatizing form of gender discrimination in the workplace that an employer should swiftly address. If your employer knows about harassment in your workplace and does not take proper steps to correct it, your employer could owe you damages for the harm caused by the harassment.
If you file an internal sexual harassment complaint, your employer is required to investigate this. I know that filing a workplace complaint may be easier said than done, but remember that you don’t have to take action alone. I can support and guide you through the process to help ensure all your interests are protected.
3. Unequal Pay for the Same Work
If a coworker with the same level of skill but a different gender is receiving more pay or benefits for doing the same work that you do, that is likely gender discrimination. Some employers might try to avoid punishment by not allowing their employees to talk about their wages, but forbidding wage discussions is illegal.
To prove pay discrimination, you might have to present evidence of other employees’ job experience, education, and pay rates. I can help you with that. I know how to use all the legal tools necessary to prove a gender discrimination case based on pay.
4. Unequal or Unwarranted Punishment
Have you been harshly punished for arriving to work late once while a colleague who is routinely tardy never receives a reprimand? Were you demoted or fired for making a clerical mistake while coworkers of another gender who consistently make errors remain in their positions or on the payroll?
When there is unequal treatment at work and the only difference between you and others is your gender, you are likely the victim of gender discrimination. I can help you navigate whether you have a viable gender discrimination claim.
Contact D’Andrea Law Today
Having a good attorney by your side can be crucial when you have to hold an employer accountable for discrimination. I am a highly experienced attorney ready to fight on your behalf. I have been helping victims in New York for years, and I want to help you, too. Contact D’Andrea Law PLLC online to schedule a free consultation.
Resource List
- Harassment, U.S. Equal Employment Opportunity Commission, link.
- The Laws of New York, Chapter 31, §194, link.
- New York Commission on Human Rights, link.
Disclaimer: This website is for informational purposes only and does not contain legal advice.
Please do not act or refrain from acting based on anything you read on this site. Attorney websites, such as this one, are considered attorney advertising. No prior result in a case guarantees a future result that is the same. Each case this Firm handles is individual with different facts and therefore every case is different. This Firm cannot guarantee any specific result in your case.
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