Sex Discrimination Attorney in Rochester, NY
Sex discrimination is a pervasive problem in modern workplaces. It involves employers or managers discriminating against workers based on protected characteristics such as gender presentation, pregnancy status, sexual orientation, or transgender status. If you believe you’ve suffered an adverse employment outcome because of one of these characteristics, you should hire a Rochester sex discrimination lawyer right away.
Trust Gattuso & Ciotoli, PLLC
The team here at Gattuso & Ciotoli, PLLC, has been practicing employment law for years. In that time, we’ve developed a keen understanding of the relevant laws and an eye for evaluating evidence. We can do everything from helping you file your sex discrimination claim with the Equal Employment Opportunity Commission (EEOC) to gathering evidence to support it and representing you during hearings.
Why Hire a Sex Discrimination Lawyer?
In 2021, women earned 88.2 cents for every dollar earned by men in New York State. While that’s a smaller pay gap than the national average of 81.5 cents, it still indicates a serious problem, and pay isn’t the only issue. Over a third of women and half of transgender and gender non-conforming people reported sexual harassment in the workplace in 2022, yet another form of sex discrimination.
If you’re facing sex discrimination in any form, you need to hire a sex discrimination lawyer. Hiring a lawyer won’t just help you get compensated for the wages you’ve lost because of sex discrimination. It also holds those responsible accountable, helping change society for the better. A sex discrimination lawyer can help you hold your employer accountable by helping you gather evidence, file a claim with the EEOC, and support your claim in court if necessary.
What Sex Discrimination Looks Like in the Workplace
Sexual harassment is an obvious form of sex discrimination that’s relatively easy to spot. Not all the ways this issue can manifest in the workplace are as obvious. Other forms of discrimination can include:
- Asking discriminatory questions based on gender during interviews
- Failing to hire or promote based on sex
- Providing unequal pay to men and women
- Treating an employee poorly because of their sexual orientation
These are just a few examples of how sex discrimination might come up.
Protected Characteristics in New York State
New York State extends protection against sexual harassment to transgender and gender non-conforming people, going beyond what’s required on a federal level. In New York State, large employers like the University of Rochester are not allowed to discriminate based on:
- Gender
- Sexual orientation
- Transgender status
- Pregnancy status
- Childbirth
The NYSHRL also sets lower standards for what constitutes unlawful harassment in New York State, making it easier for Rochester workers to file sexual harassment complaints through the New York State Division of Human Rights (DHR).
What to Do if You’re Experiencing Sex Discrimination
If you’ve been experiencing sex discrimination in the workplace, you don’t have to take it in silence. You can seek help internally, file an external claim with the appropriate organization, or file a claim against your employer in court. There are a few steps you’ll need to take to hold the person responsible legally accountable for their actions. You should:
- Document any issues coming up at work carefully.
- Discuss your concerns with a supervisor or your company’s human resources department.
- Consult a sex discrimination lawyer.
- File a complaint with the NYSDHS or the EEOC.
- Consider filing a claim in court.
Sex discrimination penalties vary based on what avenue of recourse you choose to take, but at a minimum, you’ll get any back pay you’re owed as a result of discriminatory practices. In some cases, you may also be eligible to receive punitive damages. Hiring a Rochester sex discrimination attorney will help you improve your chances of maximizing the compensation to which you are entitled, so don’t hesitate to consult an attorney early in the process.
FAQs
What Qualifies as Sex Discrimination?
What qualifies as sex discrimination is any act that involves treating someone unfairly because of their sex, which includes sexual orientation, gender identity, pregnancy status, and childbirth. Sexual discrimination can happen in many settings, including housing and education, but it’s most likely to occur in the workplace, where it usually involves adverse employment outcomes based on sex.
What Are the Sex Discrimination Laws in New York State?
The primary sex discrimination law in New York State is the New York State Human Rights Law (NYSHRL), which bans discrimination in hiring, firing, and other employment measures on the basis of sex. New York’s sex discrimination law also extends protections to transgender and gender non-conforming people in addition to providing protection on the basis of pregnancy, sexual orientation, and gender-related characteristics.
What Are the Types of Sex Discrimination?
The types of sex discrimination include:
- Pregnancy discrimination
- Gender-based discrimination
- Discrimination based on sexual orientation
- Discrimination based on transgender status
- Sexual harassment
Discrimination can happen at any stage of employment. If you’re concerned that you’ve been passed up for a job or a promotion or have been fired due to your sex, you should hire a sex discrimination attorney.
What Evidence Is Needed to Prove Sex Discrimination?
The evidence needed to prove sex discrimination includes proof that you:
- Are a part of a protected class
- Are qualified for the position
- Suffered an adverse employment outcome
Evidence can include direct proof, such as emails, or circumstantial proof, such as performance reviews and witness testimony. Your basic goal is to prove a pattern of behavior in which you were treated more poorly than your peers because of your sex.
Your Rochester Sex Discrimination Lawyer
If you’re concerned that you may have been discriminated against based on your sex, you should hire a Rochester sex discrimination lawyer right away. You can trust Gattuso & Ciotoli, PLLC, to help. We have over 50 years of collective experience, and in that time, we’ve seen it all. We understand Rochester sex discrimination laws and how to apply them to your case, and we’ll fight tirelessly for your rights. Contact us to schedule an initial consultation today.