New York Gender Discrimination Attorney

Serving Clients in New York, New Jersey, Pennsylvania, & Florida

Gender Discrimination Law Defined 

In New York and in federal law, gender discrimination is defined as the prohibition of employers from discriminating on the basis of sex /gender. Gender discrimination happens when an employer treats an employee unequally based on the fact that the employee is a woman or a man. During all phases of the employment process, the policies and practices in the workplace should be equal between men and women, including matters involving hiring, compensation, layoffs, promotions, job training, working conditions, benefits, and other privileges. An employer cannot make employment decisions based on gender stereotypes and other assumptions about men and women. Our discrimination attorneys of Phillips & Associates know how difficult the decision to bring a discrimination claim against your employer can be and will help you understand all of your options and decide what is best for you.

Examples of Gender Discrimination in New York

Some examples of  gender discrimination can include:

• Refusing to hire or give promotions to someone based on gender.
• Giving benefits to wives of male employees but not to husbands of employees who are women.
• Paying a male employee more than a female coworker for a substantially similar position
• Refusing to hire or promote an employee because of his or her family responsibilities
• Comments such as "I'm concerned that she might be too emotional," "We need people who are more rational," "She is too unapproachable," or "Her tone is too direct."
• Refusing to promote a woman because she is pregnant or intends to become pregnant.

According to the U.S. Equal Employment Opportunity Commission's Equal Pay Act of 1963, men and women must receive equal pay for substantially equal jobs in the same company. Pay does not only refer to salary, but also includes benefits, bonuses, stock options, and overtime pay. If you are doing substantially equal work as someone else and are being paid less than a coworker of the opposite sex, you may have a legal claim for gender discrimination under this law.

What Are My Rights As An Employee Experiencing Gender Discrimination in New York?

In order to preserve your rights as an employee in New York who is the victim of gender discrimination, you have strong legal protections. Gender discrimination is forbidden in all facets of employment by both federal and state regulations, such as Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law.

Firstly, you have the right to work in an environment free from discrimination based on your gender. This includes protection against unequal treatment in hiring, promotions, salary, job assignments, and any other term or condition of employment.

If you believe you are a victim of gender discrimination, you can submit a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (NYSDHR). These agencies will investigate your accusations and may take action against your employer.

You have the right to file a lawsuit against your employer for gender discrimination. Consulting a New York City gender discrimination lawyer can help with this procedure. Experienced attorneys can guide you through the difficulties of filing a lawsuit, gathering evidence, and advocating in court.

You are also shielded from retaliation by your employer if you report discrimination or participate in an inquiry or litigation about gender discrimination. Retaliation might take the form of termination, demotion, harassment, or other undesirable changes to your employment conditions.

How does gender discrimination impact mental health and well-being?

Gender discrimination can have significant impacts on mental health and overall well-being. Here are some ways in which gender discrimination can affect individuals:

• Increased risk of mental health disorders: Studies have shown that exposure to gender discrimination, such as violence, objectification, discrimination, and socioeconomic inequality, can lead to increased rates of anxiety, depression, low self-esteem, and post-traumatic stress disorder (PTSD) among those affected.
• Psychological distress: Gender discrimination can cause psychological distress, including feelings of anger, frustration, sadness, and helplessness. Constant exposure to discriminatory experiences can contribute to chronic stress, which can further impact mental health and well-being. 
• Self-esteem and self-worth: Gender discrimination undermines an individual's sense of self-worth and can negatively impact their self-esteem. Constantly being subjected to discrimination and inequality can lead to feelings of inferiority, self-doubt, and a diminished sense of confidence.
• Impaired social relationships: The effects of gender discrimination can extend to interpersonal relationships. Individuals who experience discrimination may struggle with trust issues and have difficulty forming and maintaining healthy relationships.
• Limited opportunities and achievement gaps: Gender discrimination can limit access to opportunities and resources, leading to disparities in education, employment, and career advancement. This can contribute to feelings of frustration, hopelessness, and a sense of injustice, impacting overall well-being.
• Internalized oppression and self-blame: Individuals who experience gender discrimination may internalize societal biases and blame themselves for their experiences. This self-blame can exacerbate mental health issues and create a cycle of negative self-perception.

What Damages Or Remedies Are Available For Victims Of Gender Discrimination?

Under both federal and state legislation, victims of gender discrimination in New York have a number of legal remedies and damages available to them. It's critical to comprehend these choices in order to properly defend your rights.

First of all, victims may be entitled to compensatory damages, which include losses for missed wages or benefits as well as mental distress, pain, and suffering. Punitive damages may also be granted in some circumstances in order to penalize the employer for especially heinous behavior and to discourage similar offenses in the future.

There are also equitable remedies possible, such as promotion, reinstatement to a previous position, or other modifications to one's employment status. In order to stop discrimination in the future, employers can also be forced to adopt training initiatives or policy modifications.

If reinstatement is not possible, victims may also be entitled to front pay for future lost earnings and back pay for lost earnings in the past. It may also be possible to collect attorney fees and other court expenses, giving victims financial support to seek justice.

Phillips & Associates, PLLC's gender discrimination attorneys in New York can assist you in submitting a complaint to the New York State Division of Human Rights or the Equal Employment Opportunity Commission (EEOC). These organizations have the ability to look into your claim, help arrange a settlement, or take legal action on your behalf.

Our skilled staff at Phillips & Associates, PLLC is committed to assisting you in comprehending your rights and pursuing all of your available options. Our commitment is to guaranteeing that justice is carried out, and that you obtain the required compensation and adjustments to rectify the injustice you have experienced. Get in touch with our workplace sexual harassment law attorneys today.

How can Individuals Who Experience Gender Discrimination Seek Support or Take Legal Action?

Individuals who experience gender discrimination have several options for seeking support or taking legal action. 

Here are some steps they can consider:

• Document incidents: Keep a record of instances where gender discrimination occurred, including dates, times, locations, and any witnesses present. Documentation can serve as evidence later on.
• Consult an employment attorney: It is advisable to seek legal advice from an experienced employment attorney who specializes in discrimination cases. They can provide guidance on your rights, assess the strength of your case, and help you understand the legal options available to you.
• File a complaint internally: Many companies have policies and procedures in place to address workplace discrimination. Report the incidents to Human Resources or the appropriate department within your organization. Follow the company's protocol for reporting discrimination and keep a copy of your complaint.
• Contact a government agency: If internal remedies do not resolve the issue, you may consider filing a complaint with a government agency such as the Equal Employment Opportunity Commission (EEOC) in the United States. These agencies investigate claims of discrimination and can provide guidance on further legal action.

Protect Your Rights with Legal Representation

If you have faced gender discrimination in your workplace or another environment, obtaining legal counsel is essential to defend your rights. At Phillips & Associates, PLLC, our skilled gender discrimination attorneys are devoted to championing justice for our clients throughout New York City.

By seeking legal representation, you can:

• Receive personalized advice on your specific situation
• Understand your legal rights and options
• File a discrimination claim with the appropriate agencies
• Negotiate a settlement or take your case to court
• Hold the responsible parties accountable for their actions

Don't let gender discrimination go unchecked. Contact Phillips & Associates today to schedule a consultation and learn how we can help you seek justice and fair treatment in the face of discrimination.

Who are Phillips & Associates Sex Discrimination Attorneys?

Phillips & Associates is a leading workplace law firm in New York and has represented many employees who have unfortunately experienced discrimination because of their gender. We have also helped many victims of sexual harassment achieve justice and compensation for their losses. Our firm is pleased to serve clients throughout the New York City and Tri-State region.

If you believe you have been treated unequally in the workplace exclusively on the basis of gender, contact the law firm of Phillips & Associates to set up a consultation. Federal, state and city laws protect against gender and sex discrimination, and you may be entitled to compensation. At Phillips & Associates, our experienced New York sex discrimination attorneys will help you work out the most favorable resolution for your case. Our initial consultations are always free, and if we take your case, we will represent you on a contingent-fee basis - meaning you don't pay any fees unless we obtain compensation for you.

To learn more about our workplace law practice, browse our latest cases in the news and find out how our sex discrimination attorneys can assist you.

Additional Information

• Gender Expression Discrimination
• Gender Identity Discrimination
• Gender Stereotyping in the Workplace
• Sex Discrimination in the Medical Field

If you require legal assistance for a possible gender or sex discrimination claim, contact the law office of Phillips & Associates by phone at (866) 229-9441 or fill out and submit our online Contact Us form to schedule a free consultation with an experienced New York sex discrimination attorney. We look forward to providing you with the highest quality legal representation.