Gender Discrimination

Arcé Law Group | New York, New Jersey & Pennsylvania Discrimination Lawyers

Despite the leaps and bounds we have made in gender equality in the past century, huge disparities remain. Every day, women and men are being denied employment opportunities because of their sex, gender, pregnancy, stereotypes, and marital status. In progressive New York and New Jersey, all workers should be given a level playing field. When you have been denied a job, promotion, compensation, or have been treated unfavorably because of your gender, we are here to help.

Don’t let a shady company trample over your rights – let the Arcé Law Group stand up for you. Our employment lawyers represent clients throughout New York and New Jersey, including Newark, Princeton, and Jersey City. Allow us to prove our dedication to you and your discrimination case.

Definition of Gender Discrimination Under Federal Law

Gender discrimination, called sex discrimination under Title VII of the 1964 Civil Rights Act, is a fairly broad concept. In short, it involves being treated differently or unfavorably at work because of your sex, or a characteristic relating to your sex. The law covers job applicants in addition to employees.

When can I be Discriminated Against?

Gender and sex discrimination includes all areas of the employment process, including recruiting, hiring, firing, placement, promotion, advancement or work opportunity, job training, job assignment, working conditions, compensation, fringe benefits, layoffs and other terms, conditions or privileges of employment.

For example, you cannot be paid less than a man in a similar position simply because you are a female. You cannot be refused a job because you are male. The law prohibits preventing women or men from receiving promotions or moving up in a company due to their gender.

New York and New Jersey Laws Prohibiting Discrimination

Title VII is a federal law which protects all employees across the nation. Under Title VII, you can bring a charge of discrimination to the Equal Employment Opportunity Commission (EEOC), and if that does not reach a favorable resolution, you can file a lawsuit in federal court.

In New York, you can choose to instead file a gender discrimination claim under the New York State or New York City Human Rights Law. You can also bring your case to the Commission on Civil Rights. New York City offers some of the most broad and liberal anti-discrimination statutes in the country – let your employment attorney at the Arcé Law Group decide which is legal avenue is best.

Workers in New Jersey can file a discrimination charge under the New Jersey Law Against Discrimination (LAD) with Division of Civil Rights or in court.

Depending on the specifics of the case and the timeline, your attorney will advise you on the proper channels to use. For example, you must file a charge with the EEOC within 180 days of the act of discrimination. However, you have two years to bring a lawsuit to the New Jersey State Court.

Types of Gender Discrimination

Gender discrimination isn’t as simple as refusing to hire an applicant because she is a woman. According to various laws, gender discrimination comes in many forms, including:

• Sexual harassment. Unwelcome sexual advances or harassing behavior of a sexual nature may be considered gender discrimination.
• Pregnancy discrimination. Firing a pregnant woman, refusing to provide reasonable accommodations for her, or denying lawful maternity leave is illegal.
• Sexual orientation discrimination. Gay, lesbian, and bisexual individuals may bring sex discrimination claims.
• Marital status discrimination. Employers are not allowed to treat employees or applicants less favorably because they are or are not married.
• Gender identity discrimination. Discrimination against an individual because that person is transgender or because of their gender identity is unlawful.
• Adverse employment actions based on person’s non-conformance with sex-stereotypes or because of certain stereotypes – such as a woman cannot perform certain types of work – can be considered gender discrimination.
• Discrimination based on association. Sex discrimination also can involve treating someone less favorably because of his or her connection with an organization or group that is generally associated with people of a certain sex.

A specific example of gender discrimination in New York and New Jersey may be failing to promote women but allowing men of similar experience and work record to advance. Or treating men poorly in a female-dominated work environment could be discrimination. Let our employment attorneys review your case and help you determine if you should pursue legal action.

Call Our Gender Discrimination Lawyers to Recover Your Compensation Today

Victims of harassment or discrimination may be entitled to compensation for lost wages, emotional distress, and more. Contact the employment attorneys at the Arcé Law Group today for a free initial consultation. We do not collect any fees unless we successfully collect money on your behalf.