Gender & Sex Discrimination Attorney in Rochester, NY
Gender equality has made progress, yet discrimination remains a reality in many Rochester workplaces. If you are facing harassment or unequal treatment based on gender or sexual identity, a Rochester gender and sex discrimination lawyer at Gattuso & Ciotoli, PLLC, can help you assert your rights.
Gender and Sex Discrimination in Rochester
We all want to believe our workplace is safe and that we’ll be respected and appreciated as a valuable member of the operation. Unfortunately, toxic, regressive offices and jobsites remain all too common, even in Rochester.
A stark truth about the State of New York is that hate crimes against gay men and transgender individuals more than doubled from 2018 to 2023. In addition, one in five workers faced workplace sexual harassment in New York State, according to an ILR School Worker Institute report from 2022. Some people bring these prejudices into work with them as well.
According to the New York Attorney General’s Office, located at 28 Liberty Street in New York City, protected characteristics in the workplace include (but are not limited to):
- Sex
- Marital status
- Sexual orientation
- Gender identity or expression
- Predisposing genetic characteristics
- Disability status
- Status as a victim of domestic violence
- Sexual and reproductive health decisions
- Status as a caregiver
If you are being denied opportunities or are subject to harassment, you may be able to seek accountability by filing a discrimination claim. Choosing to hire a gender and sex discrimination lawyer is a solid first step in fighting back against injustice.
Assert Your Workplace Rights: Hire a Gender and Sex Discrimination Lawyer
Sexual and gender-based discrimination in the workplace can take many forms. A boss who won’t stop asking you on dates, a department that never seems to promote women past a certain position, or a co-worker repeatedly making lewd comments while your supervisor looks the other way are all potential examples of legally actionable discrimination.
If you believe you are experiencing illegal discrimination at work based on your sex, gender identity, or other protected characteristics, speak with a Rochester gender and sex discrimination attorney as soon as possible. Ideally, you want to do this even before making your complaints known to your employer.
Instead of going to your HR department for help, it can often be more effective to review your claims with an independent attorney of your own choosing. By working with a qualified lawyer to prepare your claim, you give yourself the strongest chance of a successful outcome in your gender discrimination case.
Retaliation After Reporting Gender or Sex Discrimination
In some cases, employees may keep quiet about gender and sex discrimination in the workplace out of fear of retaliation. However, retaliation by employers is illegal in New York State. If you report harassment, participate in an investigation, or assert your rights in some way, and your employer tries to punish you in some way, they’re violating the law. It is your right to pursue further legal action against the retaliation.
Retaliation can take many forms. This may include:
- Demotion
- Termination
- Sudden negative performance reviews
- Reduced hours
- Undesirable schedule changes
- Intimidation techniques
- Exclusion from meetings
A Rochester gender and sex discrimination lawyer can help determine if your employer’s actions were unlawful. Even if your employer denies the original allegations of discrimination, the retaliation claim can stand on its own. Like with gender and sex discrimination cases, you’ll want to take quick action against retaliation issues to preserve evidence and give your lawyer the strongest chance of building a strong case that supports your rights.
How a Rochester Gender and Sex Discrimination Lawyer Can Help
Some of the ways in which your Rochester gender and sex discrimination lawyer can help you when you’re facing gender discrimination at work include:
- Providing straightforward answers to your questions about sex discrimination laws and how they apply to your situation
- Countering the tactics used by bad-faith employers to hide or excuse their systemic sexist behaviors.
- Knowing exactly what evidence is needed to support your case, and how to contextualize for maximum legal impact
- Creating a buffer between you and pushy employers or their corporate lawyers who might try to intimidate or pressure you
- Protecting against illegal retaliation for asserting your rights.
An experienced attorney evaluates whether your employer’s conduct violated New York State and federal protections, then helps calculate the value of damages owed to you. They can pursue back pay, reinstatement, or compensation for emotional distress.
FAQs
What Are the Discrimination Laws in NY?
Discrimination laws in NY are some of the strongest in the United States. These laws prohibit discrimination, harassment, and retaliation in employment, housing, education, and public accommodations. Protected classes include race, color, national origin, sex, and gender identity, to name a few. Victims of discrimination can file a legal claim to receive owed back pay, reinstatement, compensatory damages, and punitive damages, in some cases.
Is Gender Identity a Protected Class in New York?
Yes, gender identity is a protected class in New York. Sex, gender expression, and sexual identity are also among the classes explicitly protected by New York’s discrimination laws. If you believe you are facing discrimination or illegal conduct at work due to your gender identity or the way you express it, you can fight back by filing a claim.
Is Misgendering a Crime in New York?
No, misgendering is not a crime in New York. While New York does have robust hate crime legislation, there is no criminal code in the state that defines a charge of misgendering. However, a pattern of deliberate misgendering that occurs in a workplace setting may qualify as a violation under workplace discrimination laws.
What Are the Seven Grounds of Discrimination?
The seven grounds of discrimination generally include race, color, sex, religion, national origin, age, and disability. These categories are protected under the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. With the help of a skilled attorney, employees should evaluate claims under both federal and state laws if they believe they have been treated unfairly under these laws.
Facing Gender Discrimination in Rochester, NY? Gattuso & Ciotoli, PLLC, Can Help
If you’re facing gender or sex discrimination in the workplace, you don’t have to tolerate it. The law is on your side when it comes to pushing back against sex- and gender-based discrimination on the job. When you need powerful, decisive solutions for workplace discrimination, don’t settle for discussions with human resources. Reach out to Gattuso & Ciotoli, PLLC, instead to schedule a consultation.