Over the last several years, sex and gender identity under NY law has changed, and mostly for the better. Despite the advances in diversity, equity, and inclusion in our culture and workplaces, discrimination based on one’s sex and/or gender identity is still too prevalent. Although the recognition of gender identity discrimination is relatively new, it is part and parcel to sex discrimination. At Ricotta and Marks, we understand that one’s gender identity is fundamentally at the core of an individual. A person’s gender identity should never be used to make an employee feel like an “other” in their chosen profession and workplace.
Gender Stereotyping is Discrimination
Sex discrimination and gender identity discrimination are similar. Each type of discrimination relies upon an employee being stereotyped based on either their sex or their gender identity. It is illegal for an employer to make an adverse employment decision for an employee based upon the employee not acting in the perceived roles of either their sex or gender identity. Although our society is moving in a more positive direction on what gender identity is, there are still many cases of discrimination based on gender stereotypes.
It has been reported that 63% of transgender and gender-nonconforming people are subjected to discriminatory acts throughout their lives. There are many examples of gender identity discrimination. For example, an employer will dictate women shouldn’t perform certain jobs because that’s “man’s work”. Another example would be that a transgender man is asked to wear clothing that the employer believes is more “feminine”, even though the employee identifies as the male gender.
NYC Legal Protections Against Discrimination
There are many protections against discrimination based on sex and gender identity under NY law. There are various state statutes and city ordinances that provide discrimination protections in credit lending, renting and housing purchases, employment, education, and public accommodation. Most of these statutes have declared someone’s “sexual orientation” as a protected class since 2003. Further, most have declared someone’s “gender identity or expression” as a protected class since 2019. Even the discrimination of an employee or potential employee based upon their perceived gender identity has been deemed illegal in New York state.
New York State and New York City have robust protections in place that workers who have been discriminated against may use to pursue a viable claim.
Options for People Harmed by Gender Identity Discrimination
The NY state and local NYC laws that provide protections for people can be very complicated and confusing. However, employees who have been discriminated against do not have to seek justice alone. The employment lawyers at Ricotta and Marks have decades of combined experience in successfully handling these types of cases. Most people understand at this point that employers can’t discriminate based on a person’s sex, race, national origin, religion, or even pregnancy status. However, we often write about gender discrimination because many people still do not know that one’s gender is also a protected class.
The bottom line is that you do not have to go through this alone. Contact the employment discrimination lawyers at Ricotta and Marks. We will make sure that all of your questions are answered in full and with compassion. We will help you understand your rights and protect your rights against illegal discrimination.