Gender discrimination in the workplace might come from a manager making sexist decisions about hiring or promotions, but it might also come from the workplace environment itself. Rude comments or harassment by co-workers can become pervasive enough to create a hostile work environment.
However, proving gender discrimination can be tricky. The experienced attorneys at Joseph & Norinsberg can answer any questions about your gender discrimination claims and help you chart a path to hold your employer accountable.
What Are Examples of Gender Discrimination in the Workplace?
Gender discrimination, or unfair treatment on the basis of sex, gender identity, sexual orientation, or pregnancy, can affect any worker and appear in many forms, including the following:
- Employment decisions, such as refusing to hire a woman in a male-dominated field or targeting pregnant workers for layoffs
- Salary discrepancies, such as systematically paying men and women differently for the same roles
- Unequal treatment, like steering promotions or work assignments away from a transgender employee despite their qualifications
- Making personnel decisions or inappropriate comments based on gender stereotypes or an employee’s perceived adherence to or divergence from gender roles
- Harassment or offensive conduct based on gender, sexual orientation, or other traits
- Retaliation over calling attention to discriminatory behavior or practices
What Laws Help Protect Employees Against Gender Discrimination?
Title VII of the Civil Rights Act of 1964 prohibits employers from making employment practices or decisions that discriminate against workers for protected traits, including sex. In a June 2020 decision, the U.S. Supreme Court held that Title VII’s protections against sex discrimination also extended to gay and transgender employees.
New York’s Human Rights Law was amended in 2019 by the Gender Expression Non-Discrimination Act, or GENDA. This state law explicitly protects employees from discrimination based on gender identity. The New York State Division of Human Rights enforces GENDA and investigates complaints.
The New York City Commission on Human Rights enforces the city’s non-discrimination law, which was expanded to protect transgender and gender non-conforming workers in 2002.
How Do You Prove Gender Discrimination in the Workplace?
To prove a gender discrimination claim, you must build a case that meets all the elements of gender discrimination on its face. To do that, you must first establish that you belong to a protected class. This may be very simple in some cases, but establishing gender identity or sexual orientation might require more time and effort.
It’s key to demonstrate that you received unfair treatment. You must establish that you were the victim of harassment or were subjected to negative actions in ways that other employees were not. For instance, a female worker might show she was laid off and replaced by a less-qualified man.
Eliminating extenuating circumstances can also strengthen your case. Employers will often point to financial concerns or quality of work to deflect accusations of discrimination, so it is important to keep records of your qualifications and satisfactory work performance.
What Kind of Evidence Do I Need to Prove Gender Discrimination in the Workplace?
While it’s uncommon to find admissions of discriminatory practices or bigoted comments in writing, you should prioritize gathering and preserving any direct evidence of bias in your case.
Different types of evidence can work together to paint a larger picture of discriminatory behavior. Read any policies issued by your employer, such as employee handbooks, to identify and demonstrate violations. Keep copies of any documents or communications related to your treatment in the workplace.
You can create a record of meetings with supervisors or harassing comments by co-workers by taking written notes, including details on where, when, and with whom each incident occurs. This record can also help you identify witnesses who can corroborate your claims.
You may also be able to establish a pattern of discrimination using data, such as your company’s hiring decisions over a period.
What Are the Limitations to Filing a Gender Discrimination Claim?
To sue your employer, you must first file a complaint with the U.S. Equal Employment Opportunity Commission or a state agency like the New York State Division of Human Rights. However, the EEOC will only investigate federal discrimination claims against companies with 15 or more employees.
The New York City Human Rights Law normally does not apply to employers with four or fewer workers, but gender-based harassment protections specifically apply to all employers. As of February 2020, the New York State Human Rights Law also applies to employers with four workers or fewer.
Most evidence of gender discrimination in the workplace tends to be circumstantial, making it more difficult to build a successful case. Keeping meticulous records of discriminatory conduct and confirming them with neutral witnesses can add credibility to your claims, but it’s not always possible or feasible to do so.
Contact Joseph & Norinsberg For Your Employment Law Cases
If you have faced gender discrimination or harassment in the workplace, you don’t have to suffer in silence or take on your employer alone. The skilled employment law attorneys at Joseph & Norinsberg can investigate, gather critical evidence, and pursue the justice you deserve.
Contact us online or call 212-227-5700 today for a free consultation.
