New York gender discrimination attorneys understand the emotional trauma that results from acts of sexual harassment and sex discrimination in the workplace. There are reasons such employment discrimination is unlawful. People have the right to work hard and earn an honest living. More importantly, they have the right to do so in an environment where they receive equal treatment.
Congress enacted laws such as The Civil Rights Act of 1964 (CRA), in which Title VII prevents employers from making it difficult or impossible for certain categories of individuals to obtain employment or succeed at their jobs. After the implementation of Title VII, employers with 15 or more employees could no longer base decisions regarding things such as firing, hiring paying, and promoting, on race, sex, religion, color or national origin.
Thousands of employees file sex discrimination charges each year with the United States Equal Employment Opportunity Commission (EEOC), the federal agency that oversees and enforces Title VII and the CRA. After the EEOC reviews and investigates the charges, the agency may choose to file a lawsuit on its own. The EEOC typically will issue a notice of the right to sue to the victim, and the victim can then file a lawsuit against the employer in Federal Court.
It is important to know that if you are the victim of employment discrimination or sexual harassment, you do not have to face it alone. The law firm of Leeds Brown can help you navigate an EEOC charge, build your case, negotiate with your employer and represent you at trial to secure the best outcome you deserve.
Gender discrimination can be humiliating and hurtful. The emotional toll can be tremendous. The financial toll can be just as bad if you face wrongful termination or retaliation. You may lose well-deserved benefits or raises as a result of discrimination. The gender discrimination lawyers at Leeds Brown have the experience and compassion to get you through this difficult situation and obtain a positive outcome.
Gender discrimination takes on many forms. You can be the victim of sex discrimination any time your employer makes a decision based on your gender, assumptions about your gender or a gender-related condition.
Consider the following scenarios:
You are a woman with a CPA degree and have been working for the same company for ten years as an accountant in a department of 6 accountants and one supervising accountant. Your reviews have all been positive, and you have not missed a day of work except for scheduled vacations such as your honeymoon. The supervising accountant is leaving, and you apply for the position. Your employer gives the job to one of the male accountants in the department who is not a CPA and has only been with the company for six months. When you confront your employer, she says she knows you are trying to get pregnant and assumed you would not want to work that much when the baby comes.
*If the woman in the above scenario was, in fact, pregnant, the supervisor’s behavior would be discrimination under the Civil Rights Act of 1964 and its amendment the Pregnancy Discrimination Act. The Act forbids discrimination based on pregnancy in any area of employment including promotions. New York State Human Rights Law prohibits discrimination as well against a person who intends to become pregnant. An employer may not take any adverse action against a person who is, intends to be, or recently was pregnant or gave birth.
Imagine how awful it must be to have your employer make assumptions about your abilities based on the fact that you are a woman who has or might one day have a family. Surely, after so many years of education and hard work, you are entitled to equal consideration for success. Unfortunately, you may not get that consideration, and speaking with sex discrimination lawyers about filing a charge in NY with the appropriate agency may be the only way to secure the promotion you deserve.
Your new boss calls you into his office to “discuss something.” You go in, and he asks you to shut the door and sit on the couch. He gets very close and asks if you would please attend a romantic dinner with him at a hotel. When you say no repeatedly, he says “Well, I guess you don’t care about your job that much.” The next day you are reassigned to a new department doing work for which you are unqualified.
*Whether the victim in this situation is a man or a woman, it seems like a clear case of quid pro quo sexual harassment which is unlawful sex discrimination under Title VII. Quid pro quo sex harassment exists when there is an unwanted sexual advance, and an aspect of employment is conditioned on the performance of a sexual act. Discrimination like this can occur between members of the opposite genders or the same. Above, this victim’s sudden reassignment seems designed to assure failure.
You arrive at work every day to find a note from a co-worker professing his love for you. Despite your repeated requests that he stop leaving them because you are not interested, he persists. Your other co-workers think the situation is funny and call you a prude. You tell your manager and the behavior continues. The notes become threatening and more frequent to the point that you can’t concentrate on your job. You ask your manager to help and she fires you for “not being a team player.”
*The co-workers above have created a hostile work environment for the victim and which is unlawful behavior under Title VII sex discrimination provisions. The persistent nature of the notes, their threatening nature and the actions of the co-workers all contribute to the hostile work environment.
Also, employers have a duty to try and stop sexual harassment when it occurs which the manager clearly did not do. Title VII additionally prohibits retaliation for reporting sexual harassment. Clearly, this manager’s actions were unlawful. The victim may be entitled to significant monetary damages in this situation and should contact NY employment discrimination attorneys. She was subjected to threats and name calling on a daily basis which was likely frightening and humiliating and received no support from her employer. Her employer punished her for asserting her rights.
You are a transgender man, and you apply for one of the several open positions in a warehouse. On the phone, the interviewer asks about your outstanding experience and references. You have an excellent conversation, and the interviewer tells you that you are a perfect candidate and sets up an in-person meeting. At the meeting after seeing you, the interviewer says “Oh, I assumed you were a man, are you? I can’t really tell.” You explain that you are in the process of transitioning to become male. The company does not hire you.
* Under New York State and City laws, employers may not discriminate against transgender individuals. It is a form of gender discrimination. Gender identity is a protected class, and the above situation may be discriminatory.
Gender and employment discrimination lawyers at Leeds Brown have seen the various ways that sex discrimination and sexual harassment impact victims throughout New York. You may be afraid to go to work. You may lose sleep worrying about what to do. You may be afraid to complain. What if the behavior occurs with more frequency? What if you lose your job? What if no one believes you?
These are all valid concerns but not one’s you must face alone. Attorneys can help you through this challenging time and provide you with counsel and direction. Tell us the circumstances of your workplace discrimination claim and find out what rights you have. We can assist you to file a charge with the necessary state or federal administrative agency or help you to negotiate an appropriate settlement or another result. Depending on your particular case, gender discrimination lawyers at Leeds Brown can advocate for your best interests and try to obtain back pay, a raise, reinstatement or money for emotional distress.
There is a time limit called a “statute of limitations” in which to file a lawsuit. We won’t know how much time you have left until we speak with you. Time is of the essence so don’t wait – call today.
Leeds Brown attorneys are not afraid to fight for clients. Our track record of success speaks for itself. We have recovered millions of dollars in compensation for victims of employment discrimination in New York and across the country. Contact our office today to find out how we can help you. Call 1-800-585-4658 for New York’s leading gender discrimination lawyers.