Gender / Sex

New York City, New York State, and federal laws prohibit employers from discriminating on the basis of sex or gender. Gender or sex discrimination happens when an employer treats an employee unequally based on the fact that the employee is a woman or is a man. During all phases of the employment process, the policies and practices in the workplace should be equal between men and women, including matters involving hiring, compensation, layoffs, promotions, job training, working conditions, benefits, and other privileges. An employer cannot make employment decisions based on gender stereotypes and other assumptions about men and women. The New York gender discrimination attorneys at DeToffol & Gittleman know how difficult the decision to bring a discrimination claim against your employer can be and will help you understand all of your options and decide what is best for you.

Some examples of sex or gender discrimination can include:

  • Refusing to hire or give promotions to someone based on gender
  • Giving benefits to wives of male employees but not to husbands of employees who are women
  • Paying a male employee more than a female coworker for a substantially similar position
  • Refusing to hire or promote an employee because of his or her family responsibilities
  • Comments such as “I’m concerned that she might be too emotional,” “We need people who are more rational,” “She is too unapproachable,” or “Her tone is too direct”
  • Refusing to promote a woman because she is pregnant or intends to become pregnant

According to the U.S. Equal Employment Opportunity Commission’s Equal Pay Act of 1963, men and women must receive equal pay for substantially equal jobs in the same company. Pay does not only refer to salary, but also includes benefits, bonuses, stock options, and overtime pay. If you are doing substantially equal work as someone else and are being paid less than a coworker of the opposite sex, you may have a legal claim for gender discrimination under this law.


DeToffol & Gittleman is a leading workplace law firm in New York and has represented many employees who have unfortunately experienced discrimination because of their gender. We have also helped many victims of sexual harassment achieve justice and compensation for their losses. Our firm is pleased to serve clients throughout the New York City and Tri-State region.

If you believe you have been treated unequally in the workplace exclusively on the basis of gender, contact the law firm of DeToffol & Gittleman to set up a consultation. Federal, state and city laws protect against gender and sex discrimination, and you may be entitled to compensation. At DeToffol & Gittleman , our experienced New York sex discrimination attorneys will help you work out the most favorable resolution for your case. Our initial consultations are always free, and if we take your case we will represent you on a contingent-fee basis – meaning you don’t pay any fees unless we obtain compensation for you.

To learn more about our workplace law practice, browse our latest cases in the news and find out how our sex discrimination attorneys can assist you.

If you require legal assistance for a possible gender or sex discrimination claim, contact our law office by phone at (212) 962-2220 or contact us online to schedule a free consultation with an experienced New York sex discrimination attorney. We look forward to providing you with the highest quality legal representation.