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Sex & Gender Discrimination

New York Sex & Gender Discrimination Attorneys

Workplace Sex & Gender Discrimination Claims in New York

Sex and gender discrimination can affect applicants and employees through hiring, pay, promotions, job assignments, discipline, workplace treatment, or termination. If you need a gender discrimination attorney in New York to review your workplace treatment, we represent workers facing discrimination and other illegal treatment.

New York State Human Rights Law and New York City Human Rights Law can protect workers from discrimination based on sex, pregnancy and pregnancy-related conditions, sexual orientation, gender identity, and gender expression. Title VII, the federal law prohibiting employment discrimination based on sex, may also apply. At Schwartz Perry & Heller LLP, we assess what happened, who made the decision, how similarly situated workers were treated, and whether retaliation followed a complaint.

Call Schwartz Perry & Heller LLP today at (646) 490-0221 or contact us online to schedule a consultation with our sex and gender discrimination attorney in New York.

Common Examples of Sex & Gender Discrimination

A gender discrimination lawyer in New York can help distinguish unlawful unequal treatment from a workplace disagreement that doesn’t violate the law.

Examples of sex and gender discrimination can include:

  • You’re repeatedly denied promotions that go to demonstrably less-qualified members of the opposite sex.
  • Members of one sex are paid more than their counterparts.
  • Employees are reprimanded for being “too manly” or “too womanly.”
  • An employer bases a hiring decision on whether an applicant is married, has children, or plans to have children.
  • Managers or staff harass or speak to workers of one gender in a demeaning or derogatory manner.
  • Employers hire applicants based on assumptions about the sex or gender traditionally associated with a role.

Sexual harassment and other gender-based harassment may overlap with a discrimination claim, but they aren’t interchangeable in every situation. Unequal discipline, biased performance evaluations, exclusion from opportunities, and sex-specific job assignments can also warrant legal review.

Protect Your Rights Against Gender Discrimination

If you believe your workplace treatment was based on sex or gender, our sex discrimination attorneys in New York can evaluate the facts and explain potential options under the federal, state, and city laws that may apply.

Our lawyers can assist you by:

  • Explaining your rights under federal, state, and New York City employment laws
  • Assessing the facts and determining whether you may have a valid gender discrimination claim
  • Gathering evidence to support your claim
  • Negotiating with employers and their legal representatives to pursue available remedies
  • Representing you in court when necessary

Our attorneys bring more than 100 years of collective legal experience to employment discrimination matters. We provide personalized, compassionate representation while preserving communications, reviewing employment records, and addressing retaliation concerns when they arise.

Evidence That Can Support a Sex or Gender Discrimination Claim

A sex or gender discrimination claim generally depends on evidence linking an adverse action or unequal treatment to the employee’s sex or gender. That evidence may be direct or circumstantial, depending on the facts.

  • Direct Evidence: Direct evidence is a communication, behavior, or document that demonstrates discriminatory intent. It might include written statements, emails, or spoken remarks that indicate bias. For instance, a supervisor’s comment such as “We don’t promote women to this position” could be direct evidence of sex-based discrimination.
  • Circumstantial Evidence: Circumstantial evidence supports an inference of discrimination without directly stating discriminatory intent. It may include inconsistent explanations, patterns of unequal treatment, pay disparities, or different treatment of employees with similar qualifications and performance.
  • Disparate Treatment and Disparate Impact: Disparate treatment refers to actions that intentionally target employees based on gender or sex. Disparate impact concerns a facially neutral policy or practice that disproportionately affects a protected group and may require statistical or other comparative evidence. Evidence of either type can support a discrimination claim.
  • Documentation and Witnesses: Relevant materials may include emails, text messages, performance reviews, policy changes, compensation information, job postings, disciplinary documents, and other records of an employee’s qualifications or work history. Witness statements can also be important, especially if multiple employees observed discriminatory behavior or practices.
  • Retaliation Evidence: Employees who report discrimination, oppose discriminatory conduct, or participate in a protected complaint process may have protection from retaliation. A demotion, discipline, termination, exclusion, or other adverse action after a complaint can raise an additional issue. Documenting what occurred before and after the complaint can help assess a retaliation claim.

When you’re ready to discuss what happened, Contact our experienced attorneys today at (646) 490-0221 to schedule a consultation.

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Why Choose Schwartz Perry & Heller LLP?

  • 100+ Years of Collective Experience
  • Personalized & Compassionate Service
  • Award-Winning Legal Counsel
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Our Testimonials

Our Past Clients Speak to Our Experience
    "Brian and Analiese were exactly the team I needed to bring clarity to a complex situation."
    Brian and Analiese were exactly the team I needed to bring clarity to a complex situation. From the first intake, they brought both empathy and sharp, nuanced questions that helped me quickly get oriented. Throughout the process they were knowledgeable and responsive, and their diligence led to a resolution I deeply appreciate. Thank you again.
    - Former Client
    "Always available, conscientious and extremely knowledgeable."

    Outstanding lawyer. Always available, conscientious and extremely knowledgeable. Excellent at following-up both with his clients and with opposing counsel. Regardless of the size of the case, Brian will put in the work and always treat his clients with the utmost professionalism and respect.

    - N.W.
    "I trusted them entirely."

    I received the most compassionate and professional assistance from SP&H. I felt that Mr. Heller truly cared about me and the situation I was in. He was able to be my voice during a difficult time. He responded promptly to any correspondence, took the time to explain to me any questions or concerns, and helped ease any kind of stress that I had during a dispute with a previous employer. I highly recommend this firm. You are not just a number, they treat you like family. I trusted them entirely. I thank you from the bottom of my heart for all of your devoted time and effort in my legal matter.

    - A.M.
    "Their integrity, personal attention, and knowledge are superior."
    Schwartz, Perry & Heller, LLP are the most skilled Lawyers for your discrimination case in the Tri-State area. Their integrity, personal attention, and knowledge are superior. They won my case and can win yours. Nothing beats the best.
    - D.K.
    "Caring, smart, highly skilled negotiators"
    Davida Perry and Brian Heller are very caring, attentive and highly skilled negotiators who gave me expert representation to win my negotiation and achieve my goals.
    - D.
    "Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help."
    Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help. I first met Mr. Schwartz and Brian Heller a few years ago when I was working at an international firm in an IT role when I contacted them for the free consultation because I felt that I was being setup to be fired. I knew I was being treated unfairly by my manager. I felt utterly helpless and had no idea who to turn to. After meeting with Mr. Schwartz and Brian Heller, I came to understand that the unfair treatment I endured was actually discrimination. They counselled me through being fired and negotiating a settlement; an extremely upsetting and exhausting experience. They explained the rules of employment law while treating me with dignity and kindness. Due to the skill and knowledge of these attorneys, I received a substantial settlement and was able to move on to another company with my self-respect intact and without the financial hardship that would have resulted from losing my job. They also ensured that this employer could not damage my reputation going forward with future employers. Recently, when I had another issue with a different employer; I called Brian Heller right away. I knew that Brian, being extremely well versed on the latest employment laws, would be able to help me. Brian carefully guided me and I was able to “ride the wave” of unprofessionalism and threats of litigation coming my way from my former employer’s attorney. My former employer thought that they could bully and frighten me into staying with them longer so that my new job opportunity would no longer be available, and then they could let me go when it was convenient for them - and I’d be out of work. They didn’t know that I have a Secret Weapon – Brian Heller! Once Brian was on the case, those threats ceased and I was able to accept my new wonderful job and leave the worry and stress behind. I highly recommend Brian Heller and Schwartz & Perry as a firm. Over the years Brian has always treated me with kindness and respect and I have peace of mind because I have someone I trust who is on my side, who can guide me and who is willing and extremely capable of protecting my rights.
    - Former Client
    "From day 1 of the consultation to the very end I felt like the most important client to the firm."
    Amazing team of Attorneys. From day 1 of the consultation to the very end I felt like the most important client to the firm. Brian Heller who I dealt with personally was amazing. Whether it was a call or email responses were very prompt and I was kept informed every step of the way. Even a few calls just to check in and say hello. Truly an incredible experience and I would recommend them to anyone seeking justice. If they take your case they will fight with you to the end. A+
    - D.W.
    "We remain tremendously grateful for his support and look forward to working with him again."
    On short notice, Brian Heller reviewed contracts with complex international dimensions and found important discrepancies that I and other senior-level executives had missed completely. He was fast, thorough, and detail-oriented in providing pragmatic advice that enabled us to be sure that we were getting the fairest and best possible treatment under the law. We remain tremendously grateful for his support and look forward to working with him again.
    - Eric