The New York City sex and gender discrimination attorneys at Risman & Risman, P.C. have extensive experience handling all types of sex and gender discrimination claims. Discrimination based on sex or gender can occur at any stage of the employment relationship, from the application process through termination of employment. Such discrimination is often accompanied by sexual harassment or a hostile work environment. Pregnancy discrimination is also prohibited, both under the federal Pregnancy Discrimination Act (which amended Title VII of the Civil Rights Act of 1964) and under New York State and City law. The New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) provide broad protections that apply to most employers and are interpreted liberally to protect workers.

Two Most Common Forms of Sex and Gender Discrimination:

Disparate Treatment: occurs when an employer intentionally treats an employee or applicant differently because of their sex or gender.

Disparate Impact: occurs when a neutral policy or practice disproportionately disadvantages employees of a particular sex or gender, and the policy is not job-related or consistent with business necessity, or there is a less discriminatory alternative that the employer refuses to adopt.

Additional Types of Sex and Gender Discrimination:

Familial Status Discrimination

In New York, discrimination based on marital status, parental status, or caregiver status is prohibited. Employers may not treat employees differently because they are single, married, divorced, or because they are parents or caregivers. This protection applies to all phases of employment, including recruitment, hiring, promotion, training, termination, compensation, benefits, and other terms or conditions of employment. Under the NYCHRL, caregiver status is a protected category, though it does not entitle employees to accommodations unless the need also relates to another protected category, such as disability or pregnancy.

Equal Pay Discrimination

The federal Equal Pay Act of 1963 requires that men and women receive equal pay for equal work within the same establishment. Jobs do not have to be identical, but they must be substantially equal in terms of skill, effort, responsibility, and working conditions. Pay differences are only permitted if based on a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or another factor other than sex.

In addition, New York State’s Equal Pay Law requires equal pay for “substantially similar work” regardless of gender, race, or other protected categories, providing broader protections than federal law. Equal pay includes all forms of compensation, such as salary, overtime pay, bonuses, benefits, stock options, expense allowances, and reimbursements.