New York Gender Discrimination Lawyers
Helping Employees in Queens
Sex or gender discrimination can occur in a wide variety of ways in workplaces in and around Queens. Sometimes sex or gender discrimination will be subtle, and an employee may not be sure whether it makes sense to speak with an attorney about the issue. In other cases, gender discrimination is blatant and overt. For example, an employer may place a job advertisement that says something like, “women need not apply.” Regardless of whether you have suspicions about gender discrimination or clear evidence of gender discrimination, it is important to seek advice from our Queens gender discrimination attorneys. While some cases of gender discrimination in the workplace may obvious, employees should remember that subtle acts of discrimination also occur much too frequently, and it is just as important to prevent these acts of discrimination in the New York workplace.
Queens and Long Island
Labor Employment Lawyers in Queens and Long Island
Advocating on Behalf of
At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:
Wage & Hour Disputes
At Ricotta & Marks, P.C., employment law is our sole focus. We have represented teachers facing a broad spectrum of legal issues and we are committed to protecting teachers’ rights. To learn more, please do not hesitate to contact us and schedule a free initial and confidential consultation at our Queens or Long Island offices today.
Sometimes these “Jekyll and Hyde” switches occur because a superior learned something about a subordinate that then caused him or her to have a negative bias, like the employee was of a certain religion or sexual orientation. Sometimes the reason is more obvious, like a bias against people of a certain race, being male or female, a woman becoming pregnant or people with disabilities.
Other Employment Law Issues
What is Gender Discrimination in the Queens Workplace?
Sex or gender discrimination in the workplace can occur in any industry and on any type of jobsite. In many cases, gender discrimination is treated as a form of sex discrimination, or discriminating against a prospective employee or current employee on the basis of sex.
Under federal law, Title VII of the Civil Rights Act of 1964 prohibits discrimination in the workplace on the basis of sex. While this federal law does not explicitly prohibit discrimination on the basis of gender, many courts have interpreted the prohibition against sex discrimination as a prohibition against gender discrimination and in many cases discrimination on the basis of gender identity.
New York State law generally has broader protections against gender discrimination and discrimination on the basis of gender identity than those provided by federal law. Under state law, the Gender Expression Non-Discrimination Act (GENDA) and the New York State Human Rights Law prohibit discrimination on the basis of sex, gender, and gender identity or expression.
Gender Discrimination and Sexual Harassment
There are two primary types of sexual harassment that are prohibited by Title VII: quid pro quo harassment and hostile work environment claims. With sexual harassment claims, it is important for employees to know that they do not need to be the target of the sexual harassment in order to have a valid claim. To be sure, sexual harassment can be offensive to any employee in the workplace and may rise to the level of creating a hostile work environment. While many other types of discrimination must be perpetrated by an employer or co-worker to be actionable, it is essential to know that sexual harassment claims can be brought whether the harassment is caused by an employer, a co-worker, or even a customer or client.
Your Gender Shouldn’t Determine Your Vocation
Many industries have stereotypes for which gender they attract. Women tend to be teachers; men tend to be in sales. Stereotypes do not define everyone, nor should they affect hiring when a competent person applies for a job not typically held by his or her gender. Further, there are industries that tend to push one sex or the other into certain jobs. All of this is gender discrimination and you don’t have to tolerate it.
Representing Women and Men In New York
Many women in particular have to face the inability to obtain employment, unfair firings and limitations to their upward mobility because of the deeply ingrained stereotypes held by employers.
Women are not the only ones who suffer from gender or sex discrimination, however. In this changing world, where women are breaking the glass ceilings every day, more and more men can suffer the same treatment they have been perpetrating for years. For either sex, not hiring or promoting someone, or paying them differently, based on their gender is illegal and you need to stand up for your rights.
Come in and tell our attorneys your story. Our thorough understanding of the law will help us discover the instances of discrimination against you as we talk, so we can give you all of the options available to go forward.
Find A Gender Discrimination Attorney Near You
You also have the right to expect that if you report this discriminatory behavior to your human resources department or other appropriate authority, you shouldn’t be retaliated against for doing so. This can take place as harassment, a sudden shift in your performance reviews or disciplinary actions being taken against you.
The Federal statute of limitations on filing for a discrimination case dictates that you must file within 300 days of an adverse action. So, if one week your boss says he or she objects to you because of your sex and the next week fires you because of your sex, you need to file within 300 days of the first event for both of them to be considered in your case. If your case is older than 300 days, don’t worry, we can still help you in state court if it is less than three years since you experienced discrimination or retaliation.
The sooner you come in and talk to us, the more we can help. Memories fade quickly, and companies can paper over events that took place. Our lawyers know what to look for and how to use it to your best advantage. We are not afraid to take your case to court to bring it to a successful resolution.