NYC Gender Discrimination Attorney
Treating workers equally, regardless of gender, race, sexual orientation, national origin, and so forth, is a fundamental right in New York and across the United States. Unfortunately, gender discrimination, like other types of discrimination, still occurs in New York City workplaces. In essence, gender discrimination occurs when an employer treats an employee unequally based on his/her gender. Often, the unequal treatment comes in an adverse manner, putting the victim at a substantial disadvantage. This typically involves hiring, layoffs, promotion, job training, working conditions, benefits, and other privileges and employment issues.
If you have been discriminated against due to your gender, make sure to call the NYC gender discrimination attorneys at Hoffmaier & Hoffmaier as soon as possible. Discrimination cases can be incredibly complex, and so it’s critical to have the leading employment lawyers representing you during these cases. We emphasize a compassionate, confidential, and experience-backed legal representation, and we can help you bring a case against your employers while helping you understand all of your options.
Don’t accept gender discrimination; call the discrimination attorneys at Hoffmaier & Hoffmaier today! In the meantime, you can learn more about gender discrimination below.
Legal Protections Against Sex and Gender Discrimination
Discrimination against protected groups is against the law. If you work in New York, there are specific laws, protections, and legal support for workers who have been victimized by gender discrimination. Some of these laws include:
- Equal Pay Act of 1963 — Employers must provide equivalent compensation to men and women who perform jobs with similar tasks (and who have similar experience).
- Civil Rights Act of 1964 (Title VII) — Employers cannot discriminate against current and potential employees on the basis of their gender, in regards to the terms and conditions of employment.
Some of the specific agencies seeking to protect against gender discrimination include Equal Employment Opportunity Commission (EEOC), the New York Division of Human Rights (DHR), and the New York City Commission on Civil Rights. Moreover, with the aid of a prominent attorney, you can have legal guidance, counsel, and representation to help you through the difficult and complex legal processes.
Examples of Sex or Gender Discrimination
One unfortunate aspect of discrimination is that it can be difficult to know whether you’ve been discriminated against. For example, if you’re a woman who didn’t get the job for a position that involves working with the company’s male clients, it might not be clear if the employer didn’t hire you because you didn’t have the right qualifications or if the employer only wanted a man to work with the clients. In some cases, on the other hand, the discrimination is definitely clear and not so subtle. In the latter case, it might be difficult to know what to do about the discrimination.
Gender discrimination comes in many forms, and it can be outrageous and deliberate or completely unintended (though still illegal). For instance:
- Paying an employee less based on his/her gender
- Freezing the employee out of important assignments
- Taking the employee less seriously in a traditionally gender-majority industry, such as not taking a woman seriously in a male-dominated job (construction, science, or computers and tech)
- Permitting the creation of a hostile work environment
- Failing to address instances of sexual harassment
- Instituting unnecessary requirements designed to filter a certain gender
- Preferring or promoting one employee over another based on the employee’s gender, and not merit, qualifications, and experience
- Allowing comments such as “She might be too emotional,” “We need employees who are more rational,” “She is not approachable,” or “She speaks too directly”
- Refusing to promote a woman because she is pregnant or intends to become pregnant
It is important to note that while many victims of gender discrimination are women, there are some men who have been victimized by discrimination.
Filing a Discrimination Claim for Gender Discrimination in New York
In New York, there are several places where you can file a discrimination claim for instances of gender or sex discrimination. For instance, you can file a discrimination claim with the New York Division of Human Rights (DHR) or a federal agency, the Equal Employment Opportunity Commission (EEOC).
For federal claims, you must file your discrimination claim within 300 days of the discriminatory acts. Before you can file a federal lawsuit, you need to file your claim with the EEOC and receive a “notice of right to sue” from the EEOC. To file a claim of discrimination with the New York State Human Rights Law, you need to file the claim with the DHR within one year of the discriminatory acts. If you don’t file with the DHR, you can also file a lawsuit with the New York State Supreme Court (an employee has three years to file a complaint here).
Keep in mind that you cannot file simultaneously in two places (e.g. the DHR and the New York State Supreme Court). Additionally, there are legal implications as to where you file, and so it’s critical to speak with an attorney before you make a decision.
Call the NYC Gender Discrimination Attorneys at Hoffmaier & Hoffmaier
Being discriminated against because of your gender or sex is not okay, and should not be tolerated. Even with extensive laws at the state and federal levels, gender discrimination still, unfortunately, occurs far too often in New York workplaces. In addition to resources to combat discrimination, you also have the entire team of employment lawyers at Hoffmaier & Hoffmaier to guide you through the discrimination claim process. We emphasize a confidential, experience-based legal representation, and we always make sure that your interests lead our litigation strategy.
If you suffered from discrimination just because of your gender, don’t keep quiet! Call the NYC gender discrimination attorneys at Hoffmaier & Hoffmaier today by dialing (212) 777-9400.