Sex and Gender Identity Discrimination Are Intertwined In New York Law
Sex discrimination and gender identity discrimination are essentially two sides of the same coin, and both can be corrosive to a person’s self-esteem and work productivity. Both types of mistreatment effectively go to the core of who a person is, and insinuate that they are insufficient or inappropriate for their own workplace. If this has happened to you, please know that you may be able to bring a claim against your employer for what you have experienced.
Focus On “Accepted” Gender Roles Is Discriminatory
Sex and gender identity discrimination are intertwined because they both have to do with a perceived ‘role’ for people of a certain gender. In both cases, the object of the discrimination is ‘supposed’ to behave a certain way, and does not, breeding contempt in a coworker, supervisor, or ultimate boss – but the way that the victim is “supposed” to behave has very little to do with their job description of their overall abilities.
New York is an ‘at-will’ state when it comes to employment, meaning that at least in theory, a person may be fired for any cause, at any time. However, there are exceptions to this law, and the biggest exception is that the reason for termination may not be discriminatory. If, for example, a transgender man refuses to wear a skirt to work, they cannot be terminated for failing to comply with gender roles – only for reasons related to job performance (or lack thereof).
Seeking Compensation
If you believe that you have been the victim of discrimination related to your gender or gender identity, you may be able to file a claim against your employer to seek redress. While federal antidiscrimination laws like Title VII of the Civil Rights Act of 1964 do cover sex/gender discrimination, they do not cover discrimination based on sexual orientation or gender identity. That said, both the New York City and State Human Rights Laws (NYC/NYSHRL) do count both sex/gender and gender identity as protected characteristics.
Filing a claim under either Human Rights Law is relatively straightforward. Within one year of the alleged discrimination, you (or your attorney) must file a claim with the City or State Division of Human Rights, who will investigate your case. If you are successful, you may receive your job back, as well as any back pay and, in rare situations where the behavior has been particularly egregious, punitive damages.
Call A New York Sex & Gender Identity Discrimination Attorney
Dr. Martin Luther King, Jr. once said that the arc of the moral universe is long, but eventually bends toward justice. If you have been discriminated against by your employer on the basis of sex or gender identity, you deserve better. Contacting a New York City employment discrimination attorney from Mansell Law, LLC can help to put you in a position where you can receive the compensation you are owed. Contact our office today at (646) 921-8900 for a free consultation.
https://ag.ny.gov/job-termination
