Gender Stereotyping in the Workplace
We all expect to feel safe and comfortable in our place of employment. Unfortunately, many people make comments or gestures that breach that sense of security and discriminate against their colleagues or subordinates on the basis of gender. There are countless stereotypes about men and women, especially when it comes to their competency and ability to perform their job duties. At Phillips & Associates, our team of gender discrimination lawyers has helped numerous workers throughout New York City bring claims against their employers after suffering from unlawful conduct.Identifying Wrongful Workplace Treatment Based on Gender Stereotypes
In general, gender discrimination occurs when an employer treats one employee differently based on his or her sex. In many instances, the employer will rely on a stereotype as the basis for this unequal treatment. For example, the employer may say that a woman cannot perform a certain duty because women are not as strong as men, or because women are too emotional.
Many employers will rely on these stereotypes when deciding whether to promote one employee over another. A common stereotype that is often involved in promotional and hiring decisions involves pregnancy. Many employers may decide to hire or promote a male candidate, assuming that a female candidate of a certain age range will become pregnant.
Although many people may presume that gender-based stereotypes target women, there are just as many stereotypes geared toward men. For example, an employer may believe that a woman is better equipped for a job because women are more sensitive than men, or because a woman is more sexually appealing.
The State of New York and New York City have enacted a number of laws that provide protections for employees from inappropriate and unnecessary gender discrimination. These laws require an employer to treat employees and hiring candidates equally throughout every phase of the employment process. This includes matters involving hiring, compensation, layoffs, promotions, job training, work conditions, benefits, and other privileges. If an employer treats candidates or employers differently based on their gender in relation to any of these matters, the employer likely has engaged in gender discrimination.
Additionally, under the U.S. Equal Employment Opportunity Commission’s Equal Pay Act of 1963, both women and men are required to receive equal pay for substantially equal jobs within the same company. This does not only include salary but also encompasses benefits, stock options, bonuses, and overtime compensation. Ultimately, if you are performing substantially the same work as an employee of another gender and receiving less pay, you may have a claim against your employer pursuant to this law.Seek Legal Guidance in New York City for an Employment Dispute
If you have been the target of workplace gender discrimination based on stereotyping, you may be entitled to compensation. At Phillips & Associates, our sexual harassment attorneys treat all of the New York City employees whom we represent with the attention, care, and compassion that they deserve. We help you through every step of the process and fight aggressively for your rights along the way. Our firm proudly serves all five boroughs of New York City, including Staten Island, Queens, and Manhattan. We offer a free initial consultation, so there is no harm in learning more about your rights. Call us now at (212) 248-7431 or contact us online to schedule a consultation.
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