Gender Stereotyping in the Workplace

New York City Workers Should Be Free From Gender Stereotyping in the Workplace

As an employee, you should feel safe and comfortable. Sadly, not all companies are sensitive to their workers’ needs with regard to gender. Many people experience workplace gestures or comments that violate their feeling of security and sense of dignity. One of the ways this discomfort may occur is through gender stereotyping—stereotypes about men and women and their competency or ability to do their jobs. Gender stereotyping on the job is unlawful. At Phillips & Associates, our trusted New York City sex discrimination lawyers may be able to represent you in a lawsuit against a discriminatory employer. We have secured millions in awards and settlements. We seek the best results available on behalf of our clients.

Call Phillips & Associates About Your Workplace Gender Stereotyping Lawsuit

Gender discrimination occurs when an employer treats an employee adversely based on gender. Our lawyers serving New York have seen many claims in which gender stereotypes were the basis for an employer’s mistreatment. For example, if you were not promoted because you are a woman and your supervisor believes women are not good leaders, you may have grounds for a claim. Many employers rely on stereotyping when they decide whether to hire or promote an employee, particularly in connection with pregnancy or interest in starting a family. This type of discrimination may constitute actionable discrimination.

While the public perception is that gender-based stereotyping targets women, many men are subject to gender stereotypes as well. For example, a supervisor may believe that it is important to send a sexually attractive woman to bring clients on board because of her sexual appeal.

Your Rights With Regard to Gender Stereotyping

Title VII of the Civil Rights Act, the New York State Human Rights Law, and the New York City Human Rights Law protect employees from their employer’s gender stereotyping. Under these laws, you should be treated fairly during every step of the hiring process, and in the course of your employment. Our New York City lawyers may have grounds to sue for sex discrimination under one of these laws if your employer’s gender stereotypes influenced your hiring, layoffs, compensation, job training, work conditions, pay, benefits, furloughs, or other privileges.

The Equal Pay Act of 1963 requires that men and women receive equal pay for substantially equal work within the same company; you could have a claim under the Equal Pay Act if you perform substantially the same work as another employee of a different gender but get paid less based on an employer’s perception of your gender and what your work is worth as a result.

Title VII is the federal law that prohibits gender stereotyping. It only applies to workplaces with at least 15 employees. Additionally, damages are capped. In many cases, state and local laws provide broader protection against sex stereotyping than federal law. Our sex discrimination lawyers serving New York City may have claims about sexual orientation or gender identity discrimination, depending on the circumstances.

Retaliation

Under federal, state, and local law, you are entitled to engage in a protected activity such as complaining to HR or filing a charge of sex discrimination without suffering retaliation from your employer. Suppose, for example, you are a woman whose direct supervisor says you’re not dressing femininely enough or suggestively enough to get clients. In that situation, you might have a gender stereotyping claim. If you told HR about the comment and got terminated soon after and you suspect that it was because of your complaint to HR, you might have grounds for a retaliation lawsuit.