212.627.8100When employers are looking to hire for open positions, they should base these decisions on the applicant’s qualifications, such as their educational background and related experience. Unfortunately, biases (whether conscious or subconscious) can influence hiring decisions in subtle or significant ways. Even though federal, state, and city laws protect employees from discrimination based on race, ethnicity, age, gender, immigration status, and other inherent characteristics, employment-related discrimination does continue to happen all too often. Most employees recognize that it’s illegal for an employer to discriminate against a worker based on their age, race, or ethnicity, as anti-discrimination laws protecting employees from such actions have been around for several decades. However, as public awareness surrounding issues like gender identity and gender expression is growing, it’s increasingly important for all employees to understand their legal rights and protections in the workplace.
If you believe that you were treated unfairly or denied a position because of your gender identity, it’s essential to contact a knowledgeable and caring New York employment discrimination attorney to discuss your legal options. Whether the act of gender identity-based discrimination occurred during the resume screening process or during the final interview, you may have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) or state and city human rights agencies. Depending on the specifics of your case, you may be able to file an employment discrimination lawsuit to hold the employer legally and financially responsible for their violation of federal, state, and city anti-discrimination laws. Let’s take a look at what actions may constitute an employment-related gender identity discrimination hiring practice and why enlisting the guidance of a skilled New York employment law attorney is the best way to help you understand and enforce your legal rights.
Legal Protections Against Gender Identity Discrimination
At the federal level, Title VII of the Civil Rights Act “prohibits employment discrimination based on race, color, religion, sex and national origin.” The courts have held that this Act also prohibits discrimination based on gender identity. A 2020 Supreme Court ruling upheld this protection, reinforcing that gender identity belongs under the umbrella term of sex discrimination. Gender identity is also considered a protected class at the state level. The New York State Human Rights Law makes it unlawful for employers to base any of their hiring decisions on an applicant’s gender identity. Moreover, New York City has established some of the most comprehensive and explicit legal protections against gender identity discrimination. The NYC Human Rights Law states that it is against the law for an employer to discriminate against a candidate or employee based on their “actual or perceived age, race, creed, color, national origin, gender, disability, marital status, partnership status, caregiver status, sexual and reproductive health decisions, sexual orientation, uniformed service, height, weight, or immigration or citizenship status.” The law proceeds to clarify that the term gender “includes actual or perceived sex, gender identity and gender expression, including a person’s actual or perceived gender-related self-image, appearance, behavior, expression or other gender-related characteristic, regardless of the sex assigned to that person at birth.” Essentially, it is illegal for an employer to deny an otherwise qualified candidate a position based on their gender identity or gender expression.
What Does Gender Identity Discrimination Look Like?
Although some forms of gender identity discrimination may be obvious, it’s more often the case that such discriminatory practices occur more subtly or even subconsciously. An overt example of discrimination based on someone’s gender identity may be a derogatory comment made during the interview process. For instance, the employer may look at the applicant’s appearance and make a joke or comment about transgender or gender-non-conforming individuals. The interviewer may ask inappropriate questions about the applicant’s gender expression or identity, making the interviewee feel unwelcome or even unsafe. Even though these examples may seem like pretty clear instances of gender identity discrimination, many victims may not understand their legal rights and options in such situations. As a general principle, you should contact an experienced and empathetic New York employment law attorney any time that a current or prospective employer singles you out, makes you uncomfortable, or denies you a position or promotion based on your gender identity or gender expression.
Filing an Employment Discrimination Claim in New York
Experiencing discrimination of any kind can be deeply upsetting on several levels. It’s common to feel frustrated and discouraged when you are denied a position for which you are highly qualified because of your sex, gender identity, or gender expression. Before you lose hope, consider enlisting the help of a dedicated and experienced New York employment attorney to assess your situation and explore your legal options. Depending on the specifics of your case, you may be able to file a claim with the New York City Human Rights Commission (NYCCHR), the New York State Division of Human Rights (NYSDHR), or the Equal Employment Opportunity Commission (EEOC). Your attorney can help you understand the different laws and the protections they offer, then assist you in moving forward with filing a complaint. In some cases, your best option may be to file a lawsuit against the employer in civil court to recover damages. The laws and rules surrounding employment discrimination can be highly complex and nuanced, so working with a seasoned legal expert is the best way to help you move forward as efficiently and effectively as possible. In addition to providing you with the trusted legal guidance you need to pursue a claim, your lawyer can also serve as a much-needed source of support and reassurance—arming you with the information and tools you need to move toward a brighter future.
If you think that you have suffered gender identity discrimination by an employer in New York, the dedicated and highly skilled employment law attorneys at Levy Ratner are ready to help you understand your legal rights and explore your options. We encourage you to contact our office today at (212) 627-8100 to get started with an experienced and trusted employment discrimination lawyer.