Gender Discrimination and Sexual Harassment Disputes
New York State and New York City Protections
In response to the #MeToo movement, New York State and New York City have recently expanded the scope of protections available under their discrimination laws. These changes broaden the scope of individuals protected, enhance employers’ obligations to prevent such discriminatory misconduct, and strengthen employees’ ability to right these wrongs. These changes ban employers from seeking compensation history from prospective employees, apply the discrimination laws to independent contractors, require employers to provide anti-harassment training, prohibit the use of mandatory arbitration agreements for discrimination claims, and expand the protection available under the Equal Pay Law.
Gender discrimination and harassment take many forms. It can and often does involve a wide array of issues:
- Unequal treatment in opportunity, advancement or pay;
- Unwanted sexual advances and sexual harassment;
- Derogatory language, treatment, or slurs based on gender;
- Gender stereotypes; and
- Discrimination due to pregnancy or family responsibilities.
Know Your Rights
Under federal law, Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate or retaliate against employees or job applicants based on their sex. A June 2020 ruling by the Supreme Court extended this protection to include gender identity and sexual orientation. The New York Human Rights Laws are some of the most powerful anti-discrimination laws, and they also forbid discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment.
