Why Choose Us?
At Mesidor PLLC, we are dedicated to securing fair, safe workplaces for New York employees. We seek to make ourselves obsolete by providing the legal resources and guidance you need to feel empowered when upholding your legal rights. Whether you need advice on what to do next, legal representation in a claim against your employer, or information about employee rights, we can provide the support you need.
Recognizing Sex and Gender Discrimination in the Workplace
Gender and sex discrimination can take many forms in the workplace, often becoming a serious safety issue for employees. Discrimination occurs when an employee is experiencing unfair treatment because of their gender, sex, or gender identity, rather than their skills, experience, or performance. Discrimination threatens your ability to work in a safe and equitable environment.
Common examples of discrimination include:
- Basing an employment decision on sex or gender, such as for hiring, firing, pay, or promotions
- Unfair stereotyping that makes it difficult or uncomfortable to complete job duties
- Offensive comments, jokes, or slurs based on sex or gender
- Unequal company policies that unfairly disadvantage a certain gender group
- Unequal pay for similar work and performance
- Sexual harassment or assault
While anyone can experience gender or sex discrimination, women, transgender, and non-binary employees are disproportionately affected. About one-third of harassment claims with the U.S. Equal Employment Opportunity Commission (EEOC) are based on sex. 42% of LGBTQ employees report experiencing workplace discrimination or harassment. Gender and sex discrimination laws protect every employee, regardless of sex or gender.
Gender and Sex Discrimination Laws Protecting New York Employees
Various laws protect New York employees from discrimination, harassment, and retaliation. Some of the most critical gender and sex discrimination laws are:
- The New York State Human Rights Law (NYSHRL). The NYSHRL prohibits employment discrimination based on gender, sex, gender identity, or gender expression.
- Title VII of the Civil Rights Act of 1964. Title VII is a federal law that provides similar protections to the NYSHRL, which gives employees protection from federal agencies such as the EEOC.
- The New York Equal Pay Law. This law requires employers to provide consistent pay for substantially similar work, regardless of gender.
New York’s Sex Discrimination Penalties and Compensation
A gender and sex discrimination case is taken seriously in New York, and employers who violate discrimination laws can face significant penalties. Under the NYSHRL, employees who have experienced discrimination can file a claim to seek remedies such as:
- Backpay and front pay to compensate for lost wages and future earnings
- Compensation for emotional distress, pain, and suffering
- Attorney’s fees and legal costs
- Injunctive relief that involves an employer changing discriminatory policies or practices
- Punitive damages to punish an employer for extreme misconduct
Rather than being awarded to make up for a specific damage you have suffered, punitive damages are included to punish the employer. These are key gender and sex discrimination penalties, as they can cause significant financial losses to your employer. Compensation for punitive damages and emotional distress can be up to $50,000 for employers with 15-100 employees, while employers with over 500 employees may have to pay up to $300,000.
Why You Should Hire a Gender and Sex Discrimination Lawyer?
Experiencing discrimination and choosing to take legal action is not easy. A Hamptons sex and gender discrimination lawyer can make this process easier by providing personalized guidance throughout the claims process. They can also connect you with local support, such as counseling through the Institute for Human Identity or the NYC Alliance Against Sexual Assault.
FAQs
Can You File a Claim Against Someone for Gender Discrimination?
Yes, you can file a claim against an individual if you’ve experienced gender discrimination. While many claims of gender discrimination are filed against an employer or other person of authority, filing a claim against someone who directly caused the discrimination or harassment is possible. If you hire a gender and sex discrimination lawyer, they can explain your legal options for addressing gender discrimination and can help you file a claim.
Is Gender Discrimination Hard to Prove?
Yes, gender discrimination can be hard to prove, but a Hamptons gender and sex discrimination attorney can help you prove your case. A lawyer can gather and analyze evidence that highlights patterns of unequal treatment between genders or prove incidents of harassment. Evidence such as witness statements, pay records, HR reports, and personal records can all strengthen a claim.
Do Most Discrimination Cases Settle Out of Court?
Yes, most discrimination cases settle out of court, though it depends on the details of the case. Many discrimination cases settle out of court because fair remedies can be negotiated while avoiding the high costs and time commitment a trial can bring. However, some discrimination cases benefit from going to court, as it can lead to a full recovery, spark company changes, and hold employers accountable for discrimination.
How Long Do You Have to File a Gender Discrimination Claim in New York?
In New York, the statute of limitations is generally three years from the date of the discrimination, though there are earlier deadlines to be aware of. If you are filing a claim with the New York Division of Human Rights, you must file within three years, while filing with the EEOC must be done within 300 days. A lawyer can explain what deadlines apply to your case and can work swiftly to prepare a claim.
Learn How a Hamptons Gender and Sex Discrimination Attorney Can Help
Gender and sex discrimination can feel scary and overwhelming. While it is easy to feel powerless, there are laws protecting your right to pursue justice. Contact Mesidor PLLC to learn how skilled legal support can provide the guidance and resources you need to ignite change in the workplace.