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Mansell Law, LLC Experienced Employment Lawyers

NYC Sex Discrimination Lawyer

Our New York City sex discrimination lawyers represent employees all over NYC in discrimination cases based on sex and gender. We have successfully represented individuals related to sex discrimination, retaliation, and violations of Title VII rights. Our NYC employment lawyers are up to date on the evolving laws in this area and can evaluate your case today. Give us a call today for a free consultation.

Title VII of the Civil Rights Act of 1964, New York State Human Rights Law (NYSHRL), and New York City Human Rights Law (NYCHRL) prohibit employment discrimination on the basis of an employee’s sex, but what kinds of comments or behavior constitute sex or gender discrimination under the law?

How Can I Prove I was Discriminated Against on the Basis of my Sex or Gender?

Employment related sex discrimination can take many forms.  Are you paid less than your co-workers of the opposite sex? Are you a male and struggling to find work in a traditionally female dominated profession? Are you a female employee that has been passed on for promotions because of your gender?

In order to prove you have been discriminated against based on your sex, you must prove each of the following elements:

(1) you are a member of a protected class;

(2) you were qualified for the position you held;

(3) you suffered an adverse employment action; and

(4) that the adverse employment action occurred under circumstances giving rise to an

inference of discriminatory intent.

What is a Protected Class?

Title VII, NYSHRL, and NYCHRL prevent employers from discriminating against employees based on their membership in a “protected class.” Protected classes include an employee’s race, color, national origin, military status, religion, age, disability, and sex. For purposes of a sex discrimination claim, both male and female employees are members of a protected class, since in certain situations, both male and female employees can become targets of discrimination based upon their sex. Therefore, this element is nearly always undisputed in a lawsuit.

How do I Prove I am Qualified for my Job?

You can prove you are qualified for your position if you can show that you possess the basic skills necessary for performance of the job, a lack of a disciplinary record, and a positive work performance history.

What is an Adverse Employment Action?

Adverse employment actions are any materially adverse change in the terms and conditions of employment. These changes include job termination or constrictive job termination, job demotion, revocation of significant job responsibilities, increasing job duties to such a degree that your job becomes impossible to perform, cutting your pay or benefits, demotion, or transferring you to a less favorable or less prestigious position.

How Can I Prove an Inference of Discriminatory Intent?

An inference of discriminatory intent can be proven by showing that you were treated differently than other employees of the opposite sex. Differential treatment includes your employer making negative or derogatory comments about your sex or gender, subjecting you to excessive discipline or increased scrutiny over your work performance while the work of employees of the opposite sex is not, or your employer providing preferential treatment to individuals who are of the opposite sex.

You can also prove that an inference of discriminatory intent exists by the timing of events leading up to the adverse employment action. For example, if you disclosed your pregnancy, and then were fired shortly afterwards, this quick turnaround would help establish an inference of discriminatory intent.

How are Sex and Gender Discrimination Claims Treated Differently Under Title VII and the NYSHRL and NYCHRL?

The New York State and City Human Rights Laws provide greater protections to employees than those granted under Title VII.

New York State Human Rights Law (NYSHRL) applies to all New York employers regardless of the number of employees they have. Employers with less than 15 employees are not subject to liability under Title VII. New York State law also protects non-employees by extending sex discrimination protections to consultants, vendors, contractors, subcontractors or others providing services in the workplace.

Similarly, New York City Human Rights Law (NYCHRL) extends sex discrimination protections to interns, freelancers, and independent contractors. However, employers with less than 4 employees are not subject to liability under New York City Human Rights Law (NYCHRL).

Further, under the NYCHRL, you do not need to prove that you suffered a materially adverse change in the terms and conditions of your employment. You only need to prove that you were subject to an unfavorable change or treated less well than other employees on the basis of your sex to meet the “adverse employment action” element of your discrimination claim.

Our New York City Discrimination Lawyers represent employees all throughout NYC, including Manhattan, Brooklyn, Queens, The Bronx, and Staten Island. Our central location in Manhattan enables us to easily represent employees no matter where they’re located. For more information about sex discrimination claims, or if you believe you or someone you know has been discriminated against based on their sex, give us a call today to schedule a free consultation.


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