If your employer makes a decision about you based upon your gender, you are experiencing workplace discrimination and deserve justice. In New York legislation, gender “shall include actual or perceived sex, gender identity, and gender expression including a person’s actual or perceived gender-related self-image, appearance, behavior, expression, or other gender-related characteristics, regardless of the sex assigned to that person at birth.”
Gender discrimination can happen to anyone. Under federal laws, it is illegal to discriminate against an employee based upon their assumed gender as well as paying women less than men and allowing sexual harassment to occur.
How Can I Tell If I’m Experiencing Gender Discrimination?
Gender discrimination is broad and can encompass a variety of workplace issues. Gender discrimination is not just unequal pay for women–it is also being denied employment opportunities because of sex, gender, pregnancy, stereotypes, and marital status.
Examples of gender discrimination include:
1. Sexual Harassment
Sexual harassment is a prevalent problem across American workplaces. The U.S. Equal Employment Opportunity Commission (EEOC) lays down a few significant observations about workplace sexual harassment.
- The victim, as well as the perpetrator, can belong to either sex.
- The harasser and victim may be of the same sex.
- The harasser may be the victim’s supervisor, a client, a vendor, or a co-worker/non-working staff.
- The harasser’s conduct must be unwelcomed by all accounts.
Sexual harassment is a grave offense and must not be tolerated. As a victim, you should get in touch with a gender discrimination attorney as soon as possible.
2. Pregnancy Discrimination
More than four decades ago, the Pregnancy Discrimination Act (PDA) was passed to protect pregnant women in the workplace. According to this law, it is illegal for employers to consider pregnancy in decisions about hiring, termination, or promotion. While the law is still active, pregnancy discrimination continues to threaten hardworking women.
As a working mother in New York, you have rights under state and federal law. For example, New York state guidelines require employers to make reasonable accommodations for pregnant workers. This includes:
- Allowing leaves for medical needs
- Assigning light-duty assignments
- A changed work schedule
- Occasional breaks
- Transfer away from hazardous duty
Knowing your rights first-hand will help you fight pregnancy discrimination and seek justice. And, the gender discrimination lawyers at Brown Kwon & Lam will help you every step of the way.
3. Sexual Orientation Discrimination
Sexual orientation discrimination occurs when a person is treated differently due to their real or perceived sexual orientation. This could range from negative employment action and harassment to denial of certain benefits.
Here are a few types of sexual orientation discrimination that typically take place in the office.
- Direct discrimination: When you’re wrongfully judged for being a part of the LGBTQ+ community.
- Indirect discrimination: This refers to situations where certain workplace provisions, criteria, or rules, which apply equally to all staff, put you at a disadvantage.
No matter what your sexual orientation is, you are entitled to a safe, equal workplace. If you face workplace sexual orientation discrimination, do not hesitate to contact a gender discrimination attorney as soon as possible.
4. Marital/Familial Status Discrimination
In most families, either one or both spouses are employed. While juggling a family and career is a unique challenge, several working parents are also forced to deal with marital/familial status discrimination.
It is worth mentioning that familial status discrimination does not apply to married people with children alone. Single parents are equally susceptible to this unfair practice.
Discriminating against someone because of their marital, parental, familial, or caregiver status is illegal in many states. The New York State Human Rights Law and the New York City Human Rights Law prohibit marital status discrimination. This means employees or job candidates cannot be treated differently based on their real or presumed marital/familial situations.
5. Gender Identity Discrimination
By definition, gender identity refers to an individual’s internal experience of gender. It is their sense of being male, female, both, neither, or anywhere in between. A person’s gender identity may not always reflect their birth-assigned sex.
Your gender identity is your own. Regardless of what you identify as, you have every right to basic freedoms and fair treatment. Unfortunately, many workplaces in the US discriminate against employees because of their gender identity or gender expression.
This is illegal. Victims of gender identity discrimination often feel desolate and hopeless. With a reputable gender discrimination lawyer on your side, you will be able to get back on your feet and claim the compensation you deserve.
6. Gender Profiling
Gender profiling or gender stereotyping is the practice of ascribing specific characteristics, tendencies, or roles to an individual based on their sex or gender. Whether hostile or seemingly benign, gender profiles perpetuate age-old inequalities and limit a person’s ability to grow.
This type of discrimination can have far-reaching consequences. Fortunately, you don’t have to take things sitting down. The attorneys at Brown Kwon & Lam will defend you against these injustices every step of the way.
7. Association Discrimination
Associative discrimination is when an employee is discriminated against because of their association with a person from a protected class. A classic example of this would be refusing to hire the parent of a disabled child.
Discrimination by association is sometimes just wrongful bias. In other cases, it happens due to stereotypes or assumptions. Parents of an autistic or special needs child can have a harder time finding a job, since potential employers may assume they’ll miss more work or stay preoccupied with familial obligations. Regardless of the cause, associative discrimination is unlawful and a direct violation of your employee’s rights.
1. What Are My Rights as a Victim of Workplace Gender Discrimination?
Several state and federal laws protect employees from gender discrimination in the workplace. Under Title VII of the Civil Rights Act of 1964, workers, applicants, and union members may not face sex discrimination at the office or union hall. Also, in June 2020, the Supreme Court stated that Title VII also applies to sexual orientation and gender identity/expression.
The New York State Human Rights Law also prohibits discrimination based on sex, gender, or sexual orientation.
As a victim, you may consider suing your employer in a court of law. You can also file a complaint with the EEOC, depending on your circumstances.
These decisions can be difficult, especially when you’re trying to cope with the trauma and stress of workplace discrimination. Discuss your case with a gender discrimination lawyer in New York to determine the best course of action for your claim.
2. How Much Time Do I Have to File a Gender Discrimination Lawsuit?
Once you face workplace gender discrimination, you must act fast to recover damages. The EEOC allows a window of 180 days since the date of the last incident. However, if your state has laws on gender discrimination (like New York), the statute of limitations is 300 days.
In this regard, remember that discrimination lawsuits are complicated. One wrong move, and your entire case may be dismissed. This is why you need a reputable New York gender discrimination lawyer to handle all the paperwork and meet deadlines. With a seasoned attorney on your side, you’ll have less trouble navigating the legal framework.
3. What Can I Recover from a Gender Discrimination Lawsuit?
Gender discrimination can effectively bring your career to a halt. In such a situation, you want your employer to recompense you fairly. Here’s what you can claim from your gender discrimination lawsuit:
- Reinstatement of employment
- Reimbursement for physical, mental, and emotional damages
- Attorney’s fees
- Back pay
- Future pay
That said, it’s difficult to determine exactly how much you can recover from your case. It’s best if you consult a reputable attorney first. A lawyer will be able to analyze your circumstances and see which damages you qualify for. So, if you are ready to proceed with your workplace gender discrimination claim, contact Brown Kwon & Lam today.