New York Sex Discrimination Attorneys

Fighting Sex Discrimination in the Workplace

Sex discrimination, a pervasive issue in many workplaces, can have devastating consequences for employees. Sex discrimination occurs when an employee is treated unfairly or unequally based on their sex or gender. It includes not only disparities in hiring, promotions, pay, and job assignments but also situations like harassment and hostile work environments.

Under federal law, Title VII of the Civil Rights Act of 1964 prohibits sex discrimination. In New York, the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) offer further protections. These laws apply to employers with a certain number of employees and protect workers from gender-based unfair treatment, ensuring that everyone is given equal opportunities at work. Whether it's unequal pay, unfair hiring practices, or a hostile work environment, gender-based discrimination is illegal and unacceptable.

If you believe you've been a victim of sex discrimination in NY, it's crucial to seek legal counsel to protect your rights. Call (855) 465-4622 or contact us online to discuss your case with Horn Wright, LLP.

What are Examples of Sex Discrimination at Work?

Sex discrimination includes being denied a promotion due to gender, unequal pay for the same work, or being assigned lower-status tasks because of gender stereotypes. Another form includes hostile work environments where offensive remarks, jokes, or unwanted advances occur. 

Title VII and NYSHRL makes this type of conduct from an employer illegal. Workers have the right to report these violations and, if necessary, seek legal remedies through complaints to the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (NYSDHR).

Is Gender Identity Discrimination Considered Sex Discrimination?

Gender identity discrimination is treated as sex discrimination under federal law. In 2020 the United States Supreme Court held that discrimination based on gender identity or sexual orientation is covered by Title VII of the Civil Rights Act. In New York, under the Gender Expression Non-Discrimination Act (GENDA), the law explicitly prohibits discrimination based on gender identity and expression in employment.

Can I Sue for Sex Discrimination After Being Fired?

If the termination is based on gender, an individual may have grounds to sue their employer for wrongful termination due to sex discrimination. Under Title VII and NYSHRL, it’s illegal for an employer to fire someone solely because of their sex. Workers must file a complaint with the EEOC before pursuing a lawsuit in federal court, and they must meet specific deadlines for filing such claims.

Does Federal or New York Law Offer Better Protection Against Sex Discrimination?

Sex discrimination laws under both federal and New York law offer significant protections, but New York’s laws are often broader. Take for instance the New York City Human Rights Law, which offers extensive coverage and applies to smaller employers than Title VII, which covers employers with 15 or more employees. Additionally, New York law offers protections for gender identity and sexual orientation, going beyond the minimum federal protections in some respects.

How Do You File a Sex Discrimination Complaint in New York?

To file a sex discrimination complaint in New York, you can file with either the EEOC or the New York State Division of Human Rights (NYSDHR). If you work in New York City, you can also file with the New York City Commission on Human Rights (NYCCHR). 

Complaints must be filed within a certain period after the discriminatory act, typically within 300 days with the EEOC and 3 years with the NYSDHR. An investigation will follow, and if the complaint is valid, you may be entitled to remedies such as back pay, reinstatement, or compensatory damages.

How Long Do I Have to File a Sex Discrimination Claim?

The time limit to file a sex discrimination claim, i.e., the statute of limitations, can vary depending on the facts of your case and whether you’re seeking a remedy under federal or New York law. Under federal law (Title VII), you generally have 300 days from the date of the discrimination to file a claim with the EEOC in states like New York that have state agencies assisting with these claims. Under the NYSHRL, the statute of limitations is 3 years to file with the New York State Division of Human Rights, and under the NYCHRL, you also have 3 years to file a claim with the New York City Commission on Human Rights. 

Can You File a Lawsuit Without First Filing With the EEOC?

Under federal law, you cannot, as you need to first file a charge of discrimination with the EEOC before you can file a lawsuit in federal court. This is a prerequisite known as “exhausting administrative remedies.” After the EEOC issues a “Notice of Right to Sue,” you can proceed with a lawsuit. Under New York law, however, you are not required to file with the EEOC or NYSDHR before suing under the New York State Human Rights Law, but filing first can provide benefits, such as tolling the statute of limitations.

What Happens After I File a Sex Discrimination Complaint?

After filing, the agency (such as the EEOC or NYSDHR) will start an investigation into the claims. The agency may mediate the dispute between you and your employer or conduct an investigation to determine whether there is enough evidence of sex discrimination. 

If in the end the agency finds evidence of discrimination, it can try to negotiate a settlement. If no settlement is reached, or if the agency can’t find sufficient evidence, it can issue a “Notice of Right to Sue,” allowing you to file a lawsuit.

What Remedies Are Available for Sex Discrimination?

Remedies for sex discrimination include reinstatement if you were wrongfully terminated, back pay for lost wages, compensatory damages for emotional distress, and, in some cases, punitive damages if the employer's conduct was especially egregious. Under federal law, Title VII caps compensatory and punitive damages based on the size of the employer, while New York state law under the NYSHRL and NYCHRL will allow for higher or uncapped damages in some situations.

What Federal Laws Protect Employees From Sex Discrimination?

The primary federal law protecting employees from sex discrimination is Title VII of the Civil Rights Act of 1964. This law prohibits employers from discriminating based on sex, as well as race, color, religion, and national origin. It applies to employers with 15 or more employees. Additionally, the Equal Pay Act (EPA) of 1963 requires that men and women receive equal pay for equal work, and the Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy or childbirth.

What State Laws Protect New York Employees From Sex Discrimination?

In New York, employees are protected from sex discrimination by the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). The NYSHRL prohibits discrimination based on sex, gender identity, and sexual orientation, and it applies to employers with one or more employees. The NYCHRL offers even broader protections, applying to employers of all sizes and offering more extensive remedies for employees.

What Is the Difference Between Sex Discrimination and Sexual Harassment?

Sex discrimination refers to unfair treatment based on a person’s gender, while sexual harassment involves unwanted sexual advances or conduct of a sexual nature that creates a hostile work environment. 

Sexual harassment is a form of sex discrimination under Title VII of the Civil Rights Act and is also prohibited by the NYSHRL and NYCHRL. Both forms of discrimination are illegal, and employees can seek remedies through the appropriate channels.

Does the Equal Pay Act Protect Against Sex Discrimination?

The Equal Pay Act (EPA) is a federal law that specifically protects against pay discrimination based on sex. It requires employers to provide equal pay to men and women who perform jobs that require equal skill, effort, and responsibility, and that are performed under similar working conditions. Under the EPA, pay differences are allowed only if they are based on factors such as seniority, merit, or a system that measures earnings by production quality or quantity.

Can Sex Discrimination Include Pregnancy Discrimination?

Yes, pregnancy discrimination is considered a form of sex discrimination under both federal and state law. The Pregnancy Discrimination Act (PDA), an amendment to Title VII, prohibits employers from discriminating against employees based on pregnancy, childbirth, or related medical conditions. In New York, the NYSHRL and NYCHRL also protect pregnant workers, requiring employers to provide reasonable accommodations for pregnancy-related conditions.

How Can Employees Prevent Sex Discrimination in the Workplace?

Employees can take various steps to prevent sex discrimination, such as reporting inappropriate behavior, advocating for policies that promote equality, and participating in training sessions on anti-discrimination laws. By being aware of their rights under laws like Title VII, the Equal Pay Act, and New York’s Human Rights Laws, employees can help create a fair and equal workplace. If discrimination does occur, timely reporting can help address the issue before it escalates.

What Should I Do If I Believe I’m Being Discriminated Against at Work?

If you believe you are facing sex discrimination at work from your employer, document the incidents and gather any evidence, such as emails or witness statements. Speaking with an experienced employment law attorney at Horn Wright, LLP, can provide valuable insight on your rights and the protections you have as an employee.

Report the discrimination to your employer through the appropriate channels, such as human resources. If the issue is not resolved, you can file a formal complaint with the EEOC or the New York State Division of Human Rights. 

How Can Employers Prevent Sex Discrimination in the Workplace?

Employers can implement anti-discrimination policies, provide regular training on discrimination and harassment, and ensure there are clear procedures for reporting and addressing complaints. Employers should also review their hiring, promotion, and pay practices to ensure they are free from gender bias. Compliance with federal and state laws, such as Title VII and the NYSHRL can help create a more equitable and inclusive work environment.

Take a Stand Against Sex Discrimination in NY

If you're experiencing sex discrimination, don't hesitate to seek legal help. At Horn Wright, LLP, our New York sex discrimination attorneys are dedicated to fighting for the rights of employees who have been wronged. We'll work tirelessly to hold employers accountable and ensure that you receive the justice you deserve.

For a free, confidential consultation, please dial (855) 465-4622.