Gender/Sex Discrimination

Pospis Law offers representation to women and men who have been subjected to discrimination based on their gender/sex. Gender discrimination is prohibited by Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws.

Gender or sex-based discrimination involves treating an applicant or employee unfavorably because of that person’s sex, or because of his or her connection with an organization or group that is generally associated with people of a certain sex.

Sexual harassment is one, but not the only, form of sex-based discrimination.

Such discrimination can be based on:

  • Actual or perceived sex (male or female),
  • Gender identity,
  • Transgender status,
  • Self-image,
  • Appearance, or
  • Behavior or expression.

It can take many forms and can be either direct (e.g., “we have too many women here”) or more subtle, such as in the form of gender stereotyping.

For example, the following conduct may constitute discrimination:

  • Failing to hire or promote a woman for a job traditionally thought of as “masculine” (such as construction work),
  • Failing to hire or promote a woman because she is not “tough” enough,
  • Failing to hire or promote a man for a job that is traditionally thought of as nurturing (such as nursing),
  • Making comments about women’s roles in the family and how that interacts with their work,
  • Denying women opportunities or paying women less than men with similar qualifications, and
  • Assuming that women will not pay as much attention to their job because of family responsibilities.

If you believe you have been subject to discrimination based on your gender, contact us today to discuss your legal rights.


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