New York Gender Discrimination Attorney

Advocating for Victims of Gender Discrimination in the Workplace

Gender and sex discrimination in the workplace is illegal under federal, New York State, and New York City law, and yet it remains one of the most common employment violations employees face.

Women are passed over for promotions, paid less than male colleagues, penalized for pregnancies their employers aren't willing to accommodate, and pushed out of roles they earned. Men face unequal treatment in parental leave, discipline, and hiring. Transgender and gender-nonconforming employees are targeted because of who they are.

In all of these situations, the law is on your side — and so are we.

Phillips & Associates is one of the largest plaintiff-side employment law firms in New York, and our NYC gender discrimination lawyers represent employees exclusively. We have recovered over $360 million in settlements and verdicts for more than 8,000 victims over the last 15 years, and we have litigated nearly 2,000 cases. 

If you have experienced sex or gender discrimination at work, contact us today at (866) 229-9441 for a free consultation. We don't charge any fees unless we win your case.

Our Gender Discrimination Case Results

Our attorneys at Phillips & Associates have a documented record of results in gender discrimination cases. Our firm has handled some of the most significant employment discrimination matters in New York, taking on major corporations, financial institutions, media companies, and public-sector employers on behalf of the people they wronged.

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What Is Gender Discrimination in New York?

Under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL), employers are prohibited from treating employees differently or worse because of their sex or gender. 

These protections apply to every phase of employment, including:

• Hiring
• Compensation
• Job assignments
• Promotions
• Performance evaluations
• Working conditions
• Discipline
• Termination

Gender discrimination and sex discrimination refer to the same core violation, and the law recognizes that both can take many forms. Discrimination against women is the most frequently reported type of sex discrimination, but discrimination against men is equally unlawful, as is any adverse treatment rooted in gender identity or gender expression.

In New York City, the NYCHRL provides some of the broadest anti-discrimination protections in the country. Unlike federal law, the NYCHRL does not require that discriminatory conduct be "severe or pervasive" to be actionable; conduct that treats an employee less well because of their gender is enough to support a discrimination claim.

Examples of Gender Discrimination in New York

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.

Gender-Related Pay Discrimination

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 a Victim of Gender Discrimination?

Employees in New York have meaningful legal protections against sex and gender discrimination at the federal, state, and local levels, and knowing your rights is the first step toward using them.

You Have the Right to File a Complaint

If you believe you are a victim of work-related gender discrimination in New York, 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 Sue Your Employer

You have the right to file a gender discrimination lawsuit against your employer. Our gender discrimination lawyers in New York can guide you through every step, from gathering evidence to advocating for you in court.

You Have the Right to Be Free from Retaliation

If you report discrimination, file a complaint, or participate in any related investigation or legal proceeding, your employer cannot legally punish you for it. Retaliation can take many forms, including termination, demotion, harassment, or other adverse actions, and it is independently actionable under the same laws that prohibit discrimination.

Damages & Remedies Available in Gender Discrimination Cases

New York law provides several forms of relief for victims of gender-based discrimination, including:

• Back pay and front pay. You can recover wages, salary, bonuses, and benefits lost as a result of the discrimination. If returning to your former position is not feasible, front pay compensates for future lost earnings.
• Compensatory damages. These can cover non-economic losses, such as emotional distress, damage to your professional reputation, and the personal toll the discrimination has taken.
• Punitive damages. In cases of particularly egregious employer conduct, courts can award punitive damages to punish the employer and deter future violations.
• Equitable relief. A court can order reinstatement to your position, a promotion you were wrongfully denied, or changes to workplace policies and practices.
• Attorney fees and costs. Under the New York City Human Rights Law, a prevailing employee may recover attorney fees and litigation costs, meaning a successful outcome can cover the cost of bringing the case.

Our NYC sex and gender discrimination attorneys at Phillips & Associates handle these cases on a contingency-fee basis, which means you pay no attorney fees unless we win your case. 

Get started with a free consultation