Most employers hire both men and women to fulfill a wide variety of roles. While employers should treat employees fairly regardless of their gender, it is an unfortunate reality that many employees are subjected to unjust treatment solely because of their gender. Treating people adversely because of their gender constitutes discrimination, and people who face unfavorable conduct at work because of their gender have the right to pursue claims against their employer. The New York gender discrimination lawyers at Gerstman Schwartz are mindful of the lasting impact that unjust treatment in the workplace can have on employees. If you are a victim of gender discrimination, we will gather the evidence needed to provide you with a strong chance of a just result.Instances of Gender Discrimination in the Workplace
Gender discrimination is not limited to the unfair treatment of women. Instead, men, women, and transgender and non-binary people can all be mistreated based on their gender. Examples of gender discrimination may include refusing to promote a woman in favor of promoting a less qualified man, or making inappropriate comments or jokes regarding a transgender person’s status. Paying disparate salaries to people of different genders who are working in substantially the same position may constitute discrimination as well.Statutory Protections From Gender Discrimination
Title VII of the Civil Rights Act of 1964 (Title VII) provides that it is unlawful for an employer to terminate, refuse to hire, or otherwise discriminate against a person regarding the terms or conditions of employment or compensation because of the person’s membership in a protected class, such as sex. A gender discrimination attorney in New York can hold an employer accountable for violating Title VII. Discrimination based on a person’s gender identity, which includes transgender status, is considered sex discrimination. It is also unlawful under Title VII for an employer to limit, classify, or segregate employees in a way that would negatively affect their employment or deprive them of opportunities based on their gender.
New York state and city laws protect people from gender discrimination as well. Specifically, the New York State Human Rights Law (NYSHRL) states that it is unlawful for an employer to discharge, refuse to hire, or discriminate against a person in terms of compensation or employment conditions or privileges, based on the individual’s gender expression or identity. The New York City Human Rights Law (NYCHRL) provides similar protections, barring employers from refusing to hire, firing, or discriminating against people based on their gender. The NYCHRL also provides that it constitutes unlawful discrimination for an employer to advise someone that a position that is open is not available, due to the person’s gender.Proving Gender Discrimination
Victims and New York gender discrimination attorneys are often able to pursue claims under more than one statutory provision, but the evidence that they must produce to recover damages varies depending on the claims asserted. Under the NYCHRL, an employee merely must show less favorable treatment than other employees that was at least in part motivated by the employee’s gender. A higher burden of proof is imposed by Title VII and the NYSHRL. Specifically, an employee must establish that he or she was qualified for the subject position and was a member of a protected class. The employee must also show that the employer took an adverse employment action against the employee and that the circumstances surrounding the adverse action could lead to the interpretation that it was motivated by discrimination.Contact an Experienced New York Attorney
Treating employees unfairly because of their gender is unlawful, and employers that engage in gender discrimination should be held accountable. At Gerstman Schwartz, our experienced employment discrimination attorneys take pride in fighting to protect employee rights. If the gender discrimination lawyers at our New York firm represent you, we will advocate tirelessly on your behalf. We frequently help victims of gender discrimination pursue claims against their employers in New York City and Nassau and Suffolk Counties. You can reach us to set up a consultation by using our form online or by calling our New York City office at (212) 227-7070 or our Garden City office at (516) 880-8170.