Phillips & Associates

Sex Discrimination in the Medical Field

New York City Attorneys for Harassment and Other Employment Claims

Female doctors are significantly more likely to experience at least one form of discrimination in their practices. This discrimination may include receiving pay that is less than peers at the same level, not being fairly considered for promotions, not being included in administrative decisions, and experiencing other obstacles to their career advancement. According to a recent article by the Washington Post, 30-70% of female medical school faculty experience discrimination. Although women make up 46% of medical school applicants, residency trainees, and students, they only make up 21% of full professors. If you experience sex discrimination in the medical field, the New York City sex discrimination lawyers at Phillips & Associates may be able to help you bring a lawsuit for compensation.

Sex Discrimination in the Medical Field

Sex discrimination in employment occurs when an individual is treated differently than others only because they are a woman or a man. Women usually face more discriminatory barriers in the medical field, but sex discrimination can happen to both men and women. Examples of discrimination include receiving less than equal pay, receiving different benefits, being passed over for a promotion, or being fired due to your sex.

This discrimination is illegal if it is based on your sex or gender. For example, if you apply for a prestigious position as a surgeon for which you are eminently qualified, but you are not hired because you are a woman and the hospital thinks that you will become pregnant or the other male surgeons would be more comfortable with another man being hired, this would likely be sex discrimination. The Equal Employment Opportunity Commission (EEOC) has explained that sex discrimination under Title VII also includes discrimination based on sexual orientation and gender identity.

Sexual Harassment in the Medical Field

Female doctors may also experience sexual harassment in the workplace. Many times the harasser is a supervisor or a person in a position of power. The harassment may include:

  • Sexual Remarks
  • Sexual Advances
  • Requests for sex
  • Unlawful touching

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex, as do state and local laws. This law covers private employers, local and state governments, and educational institutions with a minimum of 15 employees. Most hospitals and many private practices are covered by Title VII. Under Title VII, sex discrimination also includes sexual harassment. A survey in 1993 showed that 73% of female internal medicine residents reported that they had been subject to sexual harassment.

You may bring a lawsuit against your employer if you have been subject to sex discrimination or harassment. If you are bringing your claim under Title VII, you will first need to file a charge with the EEOC.

Retaliation in the Workplace

It may be difficult for those who have been victimized to pursue a claim of sex discrimination or harassment. Many are reasonably concerned about the possibility of retaliation or being blackballed within their field, and some are worried about what will happen if they are wrong about being sexually discriminated against. Title VII and other anti-discrimination laws include a prohibition against retaliation, which includes any adverse action taken against you because you exercised your rights under the law. These adverse actions could include firing, demotion, termination of benefits, and more. Your employer is not permitted to retaliate against you even if the court determines that you were wrong about your accusation of discrimination.

Consult a Sex Discrimination Lawyer in New York City

Whether you are a doctor, a nurse, or a technician in the medical field, you have worked hard to get where you are, and you should not be subject to discrimination or harassment in the workplace because of your gender. If you believe that you were a victim of sex discrimination in the medical field, you should retain an experienced New York City sex discrimination attorney to advocate for your rights. Contact Phillips & Associates at (212) 248-7431 or through our online form to set up a free consultation. Our firm serves people who need a wrongful termination attorney or representation in other employment matters in Manhattan, Brooklyn, Queens, the Bronx, Staten Island and Westchester as well as Suffolk and Nassau Counties.

45 Broadway, #620,
New York NY, 10006
Tel: 212-248-7431
Fax: 212-901-2107
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