Sexual Discrimination in the Workplace: Standing Up for Your Rights in New York

In the bustling offices of Manhattan, a young professional named Sarah found herself consistently overlooked for promotions, despite her qualifications and dedication. She watched as less experienced colleagues advanced before her eyes, and slowly the realization dawned: her gender was holding her back. This isn't just Sarah's story. Sexual discrimination in the workplace is not just a legal issue; it is a deeply personal one. It affects careers, financial security, emotional well-being, and a person's sense of dignity. For many employees in New York, discrimination based on sex, gender, pregnancy, sexual orientation, or gender identity is an experience they never expected to face, yet it remains far too common.

At our New York law firm, we represent employees who have been treated unfairly at work. We believe every person deserves to earn a living in an environment free from bias, harassment, and unequal treatment. If you are reading this because something at work feels wrong, you are not alone—and you may have more rights than you realize.

What Is Sexual Discrimination in the Workplace?

Sexual discrimination strikes when an employee or job applicant is treated differently or unfairly because of sex or gender-related characteristics. This discrimination can manifest overtly with blatant mistreatment, or it can lurk subtly within the system, both intentional and unintentional. Often, it becomes a hidden thread woven into workplace culture, making it difficult to pinpoint and even more challenging to dismantle.

Sexual discrimination can affect people of all genders. While women are disproportionately impacted, men and non-binary individuals also experience discrimination rooted in outdated stereotypes or assumptions about gender roles.

Common forms of sexual discrimination include:

1. Being paid less than colleagues for substantially similar work. Imagine you discover that your colleague, who performs the same tasks requiring equivalent skills and responsibilities as you, is earning 15% more.
2. Being denied promotions, training, or leadership opportunities.
3. Being subjected to offensive comments, jokes, or stereotypes.
4. Being penalized for pregnancy, parental leave, or caregiving responsibilities.
5. Being treated unfairly because of sexual orientation or gender identity.
6. Being disciplined more harshly than others for the same conduct.

Discrimination does not always announce itself loudly. Sometimes it shows up as a pattern: missed opportunities, shifting expectations, or a workplace that feels increasingly hostile over time. We encourage you to note specific incidents as they occur to help identify any patterns of discrimination. Writing these incidents down can serve as potential evidence if you choose to pursue further action. This proactive step not only validates your concerns but also empowers you with the momentum to take control of the situation.

The Human Cost of Workplace DiscriminationSexual 

Discrimination Protections Under New York Law

In short, New York bans bias in nearly every aspect of employment. Under New York's anti-discrimination statute, "It shall be an unlawful discriminatory practice: For an employer or licensing agency, because of an individual's age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, to refuse to hire or employ or to bar or to dis charge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment." NY CLS Exec § 296.New York law provides comprehensive protection against workplace discrimination based on numerous protected characteristics.Under New York's anti-discrimination statute, "It shall be an unlawful discriminatory practice: For an employer or licensing agency, because of an individual's age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment." NY CLS Exec § 296.

EQUAL PAY REQUIREMENTS

New York's equal pay statute establishes that "No employee with status within one or more protected class or classes shall be paid a wage at a rate less than the rate at which an employee without status within the same protected class or classes in the same establishment is paid for: (a) equal work on a job the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions, or (b) substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions." NY CLS Labor § 194.The statute defines "protected class" to include age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status." NY CLS Labor § 194.

HARASSMENT PROTECTIONS

New York law specifically addresses workplace harassment, making it "an unlawful discriminatory practice for an employer, licensing agency, employment agency or labor organization to subject any individual to harassment because of an individual's age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, status as a victim of domestic violence." NY CLS Exec § 296. Notably, such harassment is unlawful "regardless of whether such harassment would be considered severe or pervasive under precedent applied to harassment claims." NY CLS Exec § 296.

What This Means for You:

1. Identify any behavior in the workplace that makes you feel uncomfortable or unwelcome, and note that regardless of its severity, it may still be considered unlawful.

2. Document specific incidents of harassment when they occur, including the date, time, location, and any witnesses, to help build your case if needed.

3. Consult with a legal professional to explore your rights and the courses of action available under New York law to protect yourself from discrimination and harassment at work.

New York law provides comprehensive protection against sexual discrimination in the workplace through detailed statutory prohibitions covering hiring, compensation, terms and conditions of employment, and workplace harassment. The statutory framework specifically protects individu als based on sex, sexual orientation, and gender identity or expression, with enhanced harassment protections that exceed federal standards. While equal pay claims require meeting demanding evidentiary standards established by case law, the statutory framework provides a strong legal foundation for challenging various forms of sexual discrimination in New York workplaces.To ensure you are taking full advantage of these protections, consider the following next steps: Identify and document any instances of discrimination or harassment you face or observe. Seek a consultation with a legal professional to discuss your situation and understand the remedies available to you under the law. Our New York employment law firm Bashian & Papantoniou, P.C. is ready to assist you in navigating this complex area and to stand up for your rights.Contact us today to schedule your consultation and take the first step in protecting your career and well-being.

Bashian & Papantoniou, P.C.
1225 Franklin Avenue, Suite 325
Garden City, NY 11530
Tel: (516) 279-1555