Sex Discrimination

New Yorker’s – you have rights no matter what gender you identify with. Don’t accept inferior treatment from your boss. It is not just a job. It is your job. Famighetti & Weinick PLLC’s Long Island sex discrimination lawyers are ready to fight for you.

Have you ever been passed over for a promotion that was instead given to another employee of the opposite gender even though the other employee has less experience or education? Or are employees of the opposite gender frequently offered to work overtime hours meanwhile you are never asked to work overtime?

Don’t let this unfair treatment escalate! The Long Island sex discrimination attorneys at Famighetti & Weinick PLLC, can help. Our employment discrimination lawyers are experienced in handling sex discrimination cases.

Sex discrimination, also known as gender discrimination, is unacceptable anywhere in New York’s workplaces including on Long Island. Sex discrimination does not apply only to women. Men can also be subjected to illegal sex discrimination. In fact, it does not matter if the employer and employee are of the same gender and/or sex.

Sex or gender stereotyping is also prohibited. For example, suppose a female is hired to work as a hostess at a restaurant and a few days her boss fires her after telling saying that she dresses like a boy. The boss may have engaged in gender stereotyping. In other words, the boss expected the employee to dress a certain way because she is a female but because she did not conform to the boss’s stereotype of how females dress, the employee’s employment suffered.

There are several subsets of workplace discrimination laws including pregnancy discrimination, sexual harassment, sexual orientation, and equal pay which are all tied to an individual’s gender. Long Island sex discrimination lawyers can evaluate claims of inequality in the workplace.

The Equal Pay Act of 1963 and the New York Labor Law (“NYLL”) requires employees to be paid equally regardl ess of gender. As long as the work of an employee of a different gender requires the same skill, effort, responsibility, and is otherwise performed under similar working conditions, the employees should receive the same pay.

This does not mean that employees of the opposite gender and/or sex are never allowed to be paid differently. For instance, when pay decisions are based on factors such as seniority, merit, education, experience, or any other factor that is not based on an individual’s sex or gender, pay differential may be permissible.

The gender/sex discrimination law in New York also protects employees from workplace retaliation. If after the employee makes a sex or gender discrimination complaint with human resources or files a gender discrimination charge with an administrative agency, the workers hours are reduced, the worker is fired, or any other negative employment action results, this is illegal.

Did You Know…?

New York City is known to take its employment discrimination laws one step further. New York City Human Rights laws provide broader protection to its workers employed in any of New York City’s five boroughs including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.

NYC employers are required to use their employee’s preferred gender pronoun such as they/them/theirs or ze/hir, which are gender-free pronouns that are sometimes preferred by transgender and gender non-conforming individuals.

Don’t forget you have workplace rights. The law was passed to protect you! From Suffolk County to Nassau County and New York City and beyond, our Long Island sex discrimination attorneys can help fight for workplace equality. Call a Long Island sex discrimination lawyer at Famighetti & Weinick PLLC, at (631) 352-0050 for a free confidential consultation.