There are many possible forms of discrimination in the workplace, including gender (sex-based discrimination). Discrimination is a violation of both federal and state laws. Basically, it is illegal to treat someone unfairly or differently due to his or her gender or sex, especially when such treatment has a negative effect on the victim in the workplace.
The terms “sex discrimination” and “gender discrimination” are often used interchangeably to describe biases against a man or woman. Sex discrimination refers more to a person’s actual physical biological identity with regard to a discriminatory action, while gender discrimination has more to do with how a person is culturally perceived with regard to masculine or feminine qualities.
Either way, it’s illegal for an employer to discriminate against workers based on their sex or gender.
If you believe you are a victim of gender discrimination in New York, seek help from an employment attorney at Law Office of Cohen & Jaffe, LLP. If you have a valid claim, we can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights or the New York City Commission on Human Rights. You may be entitled to sue your employer for money damages.
There are deadlines involved in filing a workplace discrimination complaint. We are here to help make sure all deadlines are met. Our goal is to protect your rights. Contact us today to find out how we can help.
Gender Discrimination is Illegal in New York
If an employer treats you differently because of stereotyped opinions of you and your abilities based on gender, and takes an adverse employment action as a result, it is illegal. For example: you are a married female with children. Your male counterpart, who is also married with children, receives certain benefits that you do not receive, such as no required overtime. If it is clear that the employer discriminated in this way based on your sex or gender, a legal action may be taken against your employer to seek compensation.
Some examples of gender discrimination include the following, although this is not a complete list:
- You are a female worker and have worked at the company for a few years. Your evaluations are always good, but you are continually passed up for promotions, which are given to male employees who are less qualified.
- You are a male worker who was fired because you missed work to take care of your sick children, even though female co-workers are allowed to take time off to care for their sick children.
- The employer routinely treats you and other co-workers who are the same sex as you in a harsher manner than that used with employees of the opposite sex.
Filing a Gender Discrimination Claim in New York
If you want to file a claim of gender discrimination claim against your employer, you first need to file a Charge of Discrimination with the EEOC. This requirement does not apply if you plan to file a claim for violation of the Equal Pay Act, in which you feel your wages or benefits were adversely affected due to your gender.
You may also file discrimination claims with the New York State Division of Human Rights (DHR) or the New York City Commission on Human Rights (CHR). These agencies have a “work-sharing agreement” that facilitates cooperation when claims are filed. Which agency is appropriate is determined by the number of people employed by the company, whether you live in New York City and other factors. We can help you navigate the system and file correctly and with the right agency.
There are also time limits for filing a discrimination claim, and they vary depending on which agency the complaint is filed with. Failure to meet the deadline may result in the case being dismissed.
If your complaint involves gender discrimination that affected your wages or benefits, the violation falls under the Equal Pay Act (EPA). Title VII also makes it illegal to discriminate with wages, bonuses, stock options, overtime pay, expense allowances and benefits in a gender discrimination case. If one or more of these applies to your case, you may also file a claim in court for a Title VII violation. You should discuss this with an attorney to learn the advantages and disadvantages of filing suit under the EPA and Title VII.
Get Legal Guidance from Experienced Employment Discrimination Lawyers in New York
There are often complications that accompany the filing of a discrimination claim. The attorneys at Law Office of Cohen & Jaffe, LLP have the experience to avoid pitfalls and take the right actions in the pursuit of justice for employees who have suffered gender discrimination.
We understand that it can be intimidating to go against your employer, and all your efforts could fail if you don’t have crucial documentation or you miss critical filing deadlines. We take the time to thoroughly review your case so we can provide the best guidance and advice for filing a complaint. If it isn’t resolved with the EEOC, we will be there to help you file a lawsuit with the court or take the next appropriate steps.
You have rights. Our goal is to see that they are protected. Contact our firm now. We are available 24/7. When it comes to righting a wrong, we can help you, including recovering compensation for sex or gender discrimination.
For a free legal consultation with a gender discrimination lawyer serving Long Island, call 516-358-6900