Gender Discrimination Attorney in New York City

If your employer makes a decision about you based on your gender, you are experiencing workplace discrimination and deserve justice. Understanding gender discrimination is crucial as it affects numerous aspects of professional life, from hiring practices to career advancement. The laws in New York are designed to safeguard employees and offer a fair work environment irrespective of gender. Ensuring compliance with these laws not only protects individual rights but also promotes diversity and equality within the workplace.

In New York legislation, gender shall include:

• Actual or perceived sex
• Gender identity
• Gender expression, including a person’s actual or perceived gender-related self-image
• Appearance
• Behavior
• Expression
• Other gender-related characteristics, regardless of the sex assigned to that person at birth

Gender discrimination can happen to anyone. Under federal laws, it is illegal to discriminate against an employee based on their assumed gender, paying women less than men, and allowing sexual harassment to occur. Addressing these issues through legal avenues helps victims gain restitution and enforces changes in discriminatory practices. Engaging a knowledgeable attorney can assist victims in navigating these complex legal pathways effectively.

If you are ready to proceed with your workplace gender discrimination claim, contact Brown Kwon & Lam at (212) 295-5828 for gender discrimination lawyers near you.

Understanding Gender Discrimination Laws in New York

New York has some of the most comprehensive anti-discrimination laws in the United States, designed to protect employees from gender-based bias. The New York State Human Rights Law explicitly prohibits discrimination based on gender, gender identity, and sex in both public and private employment sectors. These laws apply not only to hiring and firing practices but also to workplace policies, compensation, promotions, and other employment terms and conditions. This legislative framework aims to create an equitable work environment where all individuals are judged based on their capabilities and qualifications, rather than gender stereotypes or biases.

Furthermore, New York City’s Human Rights Law offers broader protections compared to federal law, covering smaller employers and including gender expression as a protected category. In cases of violations, employees can file a complaint with the New York State Division of Human Rights or the New York City Commission on Human Rights. Both entities can investigate claims, enforce regulations, and secure remedies for victims. Understanding these laws can empower employees to recognize injustices and seek necessary action. It emphasizes the importance of equality at all professional levels and encourages individuals to stand firm against discriminatory practices.

How Can I Tell If I’m Experiencing Gender Discrimination?

Gender discrimination is broad and can encompass a variety of workplace issues. Gender discrimination is not just unequal pay for women—it is also being denied employment opportunities because of sex, gender, pregnancy, stereotypes, and marital status. Recognizing these signs early can empower employees to seek timely legal assistance and protect their rights.

Examples of gender discrimination include:

Sexual Harassment in the Workplace

Sexual harassment is a prevalent problem across American workplaces. This type of misconduct can severely impact an individual's emotional and mental well-being, leading to stress, anxiety, and decreased job performance. Addressing and resolving complaints of sexual harassment is critical to preserving a safe and respectful work environment for all employees.

The U.S. Equal Employment Opportunity Commission (EEOC) lays down a few significant observations about workplace sexual harassment:

• The victim, as well as the perpetrator, can belong to either sex.
• The harasser and victim may be of the same sex.
• The harasser may be the victim’s supervisor, a client, a vendor, or a co-worker/non-working staff.
• The harasser’s conduct must be unwelcome by all accounts.

Sexual harassment is a grave offense and must not be tolerated. It is essential to report any incidents promptly to protect your rights and maintain workplace dignity. As a victim, you should get in touch with a gender discrimination attorney as soon as possible.

Pregnancy Discrimination

More than four decades ago, the Pregnancy Discrimination Act (PDA) was passed to protect pregnant women in the workplace. According to this law, it is illegal for employers to consider pregnancy in decisions about hiring, termination, or promotion. Despite legal protections, many women still face challenges, highlighting the ongoing need for advocacy and awareness. Proactive workplace policies and legal support play crucial roles in ensuring a discrimination-free environment for pregnant workers.

As a working mother in New York, you have rights under state and federal law, enabling you to pursue your career without facing unfair treatment due to pregnancy.

For example, New York state guidelines require employers to make reasonable accommodations for pregnant workers. This includes:

• Allowing leaves for medical needs
• Assigning light-duty assignments
• A changed work schedule
• Occasional breaks
• Transfer away from hazardous duty

Understanding these rights is vital to empowering pregnant employees and advocating for their entitlements in the workplace. Knowing your rights first-hand will help you fight pregnancy discrimination and seek justice. And, the gender discrimination lawyers at Brown Kwon & Lam will help you every step of the way.

Sexual Orientation Discrimination

Sexual orientation discrimination occurs when a person is treated differently due to their real or perceived sexual orientation. This could range from negative employment action and harassment to denial of certain benefits. Recognizing and addressing this issue is fundamental to fostering an inclusive workplace culture free from prejudice and bias.

Here are a few types of sexual orientation discrimination that typically take place in the office:

• Direct discrimination: When you’re wrongfully judged for being a part of the LGBTQ+ community.
• Indirect discrimination: This refers to situations where certain workplace provisions, criteria, or rules, which apply equally to all staff, put you at a disadvantage.

It is essential for organizations to implement strong policies and training programs to combat sexual orientation discrimination and promote equity. No matter what your sexual orientation is, you are entitled to a safe, equal workplace. If you face workplace sexual orientation discrimination, do not hesitate to contact a gender discrimination attorney as soon as possible.

Marital/Familial Status Discrimination

In most families, either one or both spouses are employed. While juggling a family and career is a unique challenge, several working parents are also forced to deal with marital/familial status discrimination. This discrimination can affect eligibility for promotions, work assignments, and more.

It is worth mentioning that familial status discrimination does not apply to married people with children alone. Single parents and caregivers are equally susceptible to this unfair practice. Ensuring fair treatment irrespective of marital or familial status encourages a diverse and balanced workforce.

Discriminating against someone because of their marital, parental, familial, or caregiver status is illegal in many states. Compliance with the New York State Human Rights Law and the New York City Human Rights Law is mandatory for all employers. These laws prohibit treating employees or job candidates differently based on their real or presumed marital/familial situations.

Gender Identity Discrimination

By definition, gender identity refers to an individual’s internal experience of gender. It is their sense of being male, female, both, neither, or anywhere in between. A person’s gender identity may not always reflect their birth-assigned sex. Fully understanding and respecting gender identity is essential for creating accepting and inclusive work environments.

Your gender identity is your own. Regardless of what you identify as, you have every right to basic freedoms and fair treatment. Unfortunately, many workplaces in the US discriminate against employees because of their gender identity or gender expression. Supporting gender diversity within the workplace helps foster acceptance and inclusivity, benefiting both individuals and organizational culture.

This is illegal. Victims of gender identity discrimination often feel desolate and hopeless. With a reputable gender discrimination lawyer on your side, you will be able to get back on your feet and claim the compensation you deserve.

Gender Profiling

Gender profiling or gender stereotyping is the practice of ascribing specific characteristics, tendencies, or roles to an individual based on their sex or gender. Whether hostile or seemingly benign, gender profiles perpetuate age-old inequalities and limit a person’s ability to grow. Challenging gender profiling requires a commitment to equality and justice at all levels of organizational policy-making.

This type of discrimination can have far-reaching consequences, affecting an individual's career growth and personal development. Fortunately, you don’t have to take things sitting down. The attorneys at Brown Kwon & Lam will defend you against these injustices every step of the way.

Association Discrimination in New York

Associative discrimination is when an employee is discriminated against because of their association with a person from a protected class. A classic example of this would be refusing to hire the parent of a disabled child. The impact of associative discrimination not only affects those directly involved but can also create a hostile or prejudiced work environment for others.

Discrimination by association is sometimes just wrongful bias. In other cases, it happens due to stereotypes or assumptions. Parents of an autistic or special needs child can have a harder time finding a job, since potential employers may assume they’ll miss more work or stay preoccupied with familial obligations. It is crucial to dismantle these misconceptions and provide equal opportunities based on skill and merit alone. Regardless of the cause, associative discrimination is unlawful and a direct violation of your employee’s rights.

Why Choose Our Gender Discrimination Lawyers in Brooklyn?

Choosing the right legal representation in gender discrimination cases is crucial for achieving justice and protection of rights. At Brown Kwon & Lam, we pride ourselves on a personalized approach that ensures each client receives dedicated attention to their unique circumstances. Unlike other firms, our commitment to accessibility means we maintain open communication lines with clients, addressing concerns promptly and compassionately. We understand the emotional and financial strain gender discrimination can cause and strive to ease these burdens through reliable legal support.

Our presence in Brooklyn is strategic, allowing us to remain accessible to a diverse clientele across New York City. We adapt our strategies to reflect local demographics and industry-specific trends, providing culturally sensitive and relevant legal counsel. Our familiarity with both state and federal laws ensures that your rights are protected under the fullest extent of the law. Employing a comprehensive, individualized approach, our gender discrimination lawyers stand by you every step of the way, ensuring a robust pursuit of justice and workplace equality.

Contact Our NYC Gender Discrimination Lawyers

Stand up for yourself. If you’ve been a victim of gender discrimination in New York City, our experienced gender discrimination attorneys are here to support you. We believe in empowering individuals through strong legal representation and advocacy. Get in touch today for a consultation and begin your journey towards justice.

If you are ready to proceed with your workplace gender discrimination claim, contact Brown Kwon & Lam at (212) 295-5828.