Free Evaluation

Gender Discrimination

Gender discrimination (also called sex discrimination) occurs when an employer treats you unfairly because of your gender, sex, gender identity, gender expression, or because you don’t conform to gender stereotypes. In New York, strong state protections prohibit gender discrimination in all aspects of employment.

New York State Human Rights Law (NYSHRL) prohibits discrimination based on sex, gender identity, and gender expression. This includes equal pay requirements, protection against pregnancy discrimination, sexual harassment protections, and rights for transgender and gender non-conforming employees. You have three years to file a complaint and can recover unlimited damages.

Why This Matters in New York

Despite decades of progress toward gender equality, women and gender minorities still face significant workplace discrimination. Women earn approximately 82 cents for every dollar men earn nationally, with larger gaps for women of color. Gender stereotypes limit opportunities, and transgender workers face disproportionate discrimination.

New York’s protections matter because:

Explicit gender identity protection: NYSHRL specifically prohibits discrimination based on gender identity and expression, protecting transgender and gender non-conforming workers.

Equal pay enforcement: New York law prohibits pay discrimination and requires equal pay for substantially similar work, not just identical jobs.

Pregnancy as sex discrimination: Pregnancy discrimination is explicitly prohibited as a form of sex discrimination, with strong accommodation requirements.

Longer deadline: Three-year filing deadline versus 300 days under federal Title VII provides significantly more time to pursue claims.

Unlimited damages: No caps on compensatory or punitive damages for gender discrimination.

Small employer coverage: Protections extend to employers with 4+ employees, covering workers federal law doesn’t reach.

What Is Gender Discrimination Under NYSHRL?

Gender discrimination includes any adverse employment action motivated by:

Biological sex: Being male, female, or intersex

Gender identity: Your internal sense of gender, whether male, female, both, neither, or another gender (protecting transgender, non-binary, and gender non-conforming individuals)

Gender expression: How you present your gender through appearance, dress, behavior, or other external characteristics

Gender stereotypes: Expectations about how people of certain genders should look, act, or behave

Pregnancy and childbirth: Unfair treatment based on pregnancy, childbirth, or related medical conditions

Forms of Gender Discrimination

Hiring discrimination: Refusing to hire qualified applicants because of gender, including:

Pay discrimination: Paying employees of one gender less than others for substantially similar work, including:

Promotion barriers: The “glass ceiling” preventing women’s advancement, including:

Pregnancy discrimination: Unfair treatment based on pregnancy, including:

Sexual harassment: Unwelcome sexual conduct creating a hostile work environment or demanding sexual favors in exchange for employment benefits (see sexual harassment in New York)

Gender stereotyping: Discrimination based on not conforming to gender stereotypes, including:

Transgender discrimination: Unfair treatment of transgender and gender non-conforming employees, including:

Parental discrimination: Different treatment based on parental status or family responsibilities, including:

Real-World Examples of Gender Discrimination

Equal pay violation: A female marketing manager discovers her male predecessor in the identical position was paid $25,000 more annually. When she requests equal pay, her employer claims the man “negotiated better,” despite company policy discouraging salary negotiation. This pay discrimination violates NYSHRL.

Promotion glass ceiling: A company has 50 employees, 60% women, but all five senior managers are men. A qualified woman applies for a management opening and is rejected in favor of a less experienced man. She’s told she “doesn’t have executive presence,” a subjective criterion that perpetuates the glass ceiling.

Pregnancy termination: A sales associate announces her pregnancy. Her manager expresses concern about her “reliability” and begins documenting minor performance issues never mentioned before. Three months into the pregnancy, she’s fired for “performance problems.” The timing and pretext suggest pregnancy discrimination.

Gender stereotype penalty: A woman in a male-dominated field displays assertive leadership. She receives feedback that she’s “too aggressive,” “not a team player,” and “abrasive,” while male colleagues displaying identical behavior are praised as “strong leaders.” This gender-stereotyped evaluation violates NYSHRL.

Maternal wall bias: After returning from maternity leave, a woman finds she’s been removed from her key client accounts and assigned to less important projects. Her supervisor explains he’s “giving her easier work since she has a new baby.” This assumption about working mothers violates NYSHRL.

Transgender bathroom denial: A transgender woman begins transitioning and requests to use the women’s restroom. Her employer refuses, insisting she use a separate single-stall bathroom across the building. This denial of access consistent with gender identity violates NYSHRL.

Hiring discrimination questions: During interviews, women are consistently asked about their childcare arrangements and future family plans, while men aren’t asked similar questions. A highly qualified woman is rejected after revealing she has young children, while a less qualified male candidate with children gets the offer. The gender-based questioning and decision violate NYSHRL.

Commission structure bias: A car dealership’s commission structure heavily weights “closing ability” but undervalues relationship-building and customer service (skills studies show women excel at). Despite equal or better sales numbers, women consistently earn less than men. The structure may constitute gender discrimination if designed to disadvantage women.

Lactation accommodation denial: A new mother requests a private space and reasonable break time to pump breast milk. Her employer offers only a bathroom stall and refuses additional break time. When she complains, she’s told “we can’t give special treatment.” This violates New York’s lactation accommodation requirements.

Gender transition harassment: An employee announces they’re transitioning from male to female. Coworkers repeatedly use incorrect pronouns despite requests, make invasive questions about her body, and exclude her from women’s workplace social activities. Management knows but takes no action. This creates a hostile work environment based on gender identity.

Patronizing treatment: A woman in a technical role consistently has her ideas dismissed or attributed to male colleagues. In meetings, men interrupt her and talk over her without consequence. She’s assigned to take notes while men of equal rank present. This pattern of undervaluing women’s contributions violates NYSHRL.

Gender-based dress code: A company requires women to wear makeup, skirts, and heels, while allowing men to wear comfortable business casual attire. When a woman refuses the gendered dress code, she’s disciplined. Sex-based dress codes that impose burdensome requirements on one gender violate NYSHRL.

Family responsibilities discrimination: A father requests paternity leave and flexible scheduling to care for his newborn. His supervisor questions his “commitment” and suggests his wife should handle childcare. When a mother made similar requests, she was accommodated. This gender-based family responsibilities discrimination violates NYSHRL.

Non-binary discrimination: A non-binary employee requests use of they/them pronouns and permission to present in a gender-neutral manner. Coworkers refuse to use correct pronouns, insisting on misgendering them. HR tells the employee to “pick a side” rather than enforcing respect for their gender identity. This gender identity discrimination violates NYSHRL.

Pregnancy accommodation denial: A pregnant employee with a high-risk pregnancy requests accommodation to sit during her retail shift instead of standing for 8 hours. Her employer refuses, claiming “pregnancy isn’t a disability” and fires her when she takes unauthorized sitting breaks due to medical necessity. This violates New York’s pregnancy accommodation law.

Gender-based job segregation: A restaurant consistently assigns men to bartender and server positions (higher-paid with tips) while assigning women to host and busser roles (lower-paid). When women request server positions, they’re told “customers prefer male servers for fine dining.” This sex-based job segregation violates NYSHRL.

Equal Pay Protections in New York

New York law requires equal pay for substantially similar work regardless of gender.

Equal Pay Law Requirements

Employers must pay equal compensation for substantially similar work when viewed as a composite of:

“Substantially similar” is broader than “identical.” Jobs don’t need to be exactly the same, just similar in these factors.

Lawful Reasons for Pay Differences

Employers can pay different wages only based on:

Even these factors must be:

Salary History Ban

New York prohibits employers from:

This law prevents perpetuating historical gender wage gaps into new employment.

Pay Transparency

Employers cannot prohibit employees from discussing their compensation with coworkers. Pay secrecy policies that prevent salary discussions violate the law.

Job postings for positions in New York must include salary ranges (for employers with 4+ employees in NYC, and statewide requirements expanding).

Gender Identity and Expression Protections

NYSHRL explicitly prohibits discrimination based on gender identity (your internal sense of gender) and gender expression (how you present your gender).

Transgender Employee Rights

Name and pronoun use: Employers must use employees’ correct names and pronouns consistent with their gender identity.

Restroom access: Employees have the right to use restrooms corresponding to their gender identity.

Dress codes: Dress codes must be applied consistently with employees’ gender identity, not sex assigned at birth.

Privacy: Employers cannot require disclosure of transgender status, medical information about gender transition, or disclosure to coworkers without consent.

Healthcare coverage: Employer health plans cannot categorically exclude coverage for gender-affirming care.

Transition accommodation: Employers should work with transitioning employees to accommodate their needs during gender transition, including name/pronoun changes in workplace systems.

Non-Binary and Gender Non-Conforming Rights

Protections extend to all gender identities, including:

Employers must:

How to Prove Gender Discrimination

Gender discrimination cases often require circumstantial evidence showing gender motivated the adverse action.

Types of Evidence

Direct evidence: Explicit statements revealing gender bias:

Pay data: Evidence of wage disparities:

Comparator evidence: Showing similarly situated employees of other genders were treated better:

Statistical evidence: Patterns revealing systemic bias:

Gender-stereotyped comments: Statements revealing bias:

Pretext evidence: Showing stated reasons are false:

What to Do If You’re Experiencing Gender Discrimination

1. Document everything: Keep detailed records of discriminatory treatment, pay disparities, gender-based comments, and different treatment compared to other genders.

2. Gather pay information: If possible, document what colleagues of other genders earn for similar work. New York law protects discussing compensation.

3. Report internally: File written complaints with HR. Follow company discrimination reporting procedures. Keep copies of everything.

4. Request accommodations in writing: If you need pregnancy-related accommodations or accommodations for gender transition, request in writing and document responses.

5. Preserve evidence: Save emails, texts, performance reviews, pay stubs, and other relevant documents before you lose access.

6. Identify comparators: Document how employees of other genders in similar situations were treated differently.

7. Consult an employment attorney: Attorneys specializing in gender discrimination can evaluate your case, help gather evidence, and guide you through the legal process.

8. File a complaint: You can file with the New York State Division of Human Rights (NYSDHR) or the Equal Employment Opportunity Commission (EEOC). You have three years under NYSHRL versus 300 days under Title VII.

9. Know your rights: You cannot be retaliated against for complaining about gender discrimination, discussing pay with colleagues, or requesting reasonable accommodation.

For information about the filing process, see filing an NYSDHR complaint.

Common Questions About Gender Discrimination

Can my employer ask if I plan to have children?

No. Questions about family plans, childcare, or pregnancy during hiring are evidence of gender discrimination. These questions are rarely asked of male candidates.

What if men and women have different job titles but do the same work?

New York equal pay law focuses on whether work is substantially similar, not whether titles are identical. If the work requires similar skill, effort, responsibility, and working conditions, it should be compensated equally.

Can my employer refuse to use my correct pronouns?

No. Refusing to use an employee’s correct name and pronouns consistent with their gender identity constitutes gender identity discrimination under NYSHRL.

What if my employer says pay differences are based on negotiation?

“Individual negotiation” doesn’t excuse gender pay gaps. If women systematically negotiate less successfully than men (often due to bias in negotiation), the resulting pay gap may still violate equal pay law.

Can my employer require gender-specific dress codes?

Dress codes must be applied consistent with employees’ gender identity, not sex assigned at birth. Codes imposing significantly more burdensome requirements on one gender (like requiring women to wear makeup or heels) may violate NYSHRL.

What if I face discrimination for not conforming to gender stereotypes?

Gender stereotyping—treating people unfavorably because they don’t meet gender expectations—violates NYSHRL. This includes penalizing women for being “too aggressive” or men for being “too emotional.”

Can transgender employees use restrooms matching their gender identity?

Yes. New York law protects transgender employees’ right to use restrooms corresponding to their gender identity.

What damages can I recover in a gender discrimination case?

You may recover back pay, front pay, compensatory damages for emotional distress, punitive damages, reinstatement, attorney’s fees, and other relief. New York law imposes no caps on damages.

How long do I have to file?

Under NYSHRL, you have three years from the discriminatory act. Under federal Title VII, only 300 days. The state deadline is significantly longer.

Related Topics

Legal Disclaimer

This guide provides general information about gender discrimination under New York State Human Rights Law. It is not legal advice and does not create an attorney-client relationship. Gender discrimination law is complex and highly fact-specific. Your situation may involve unique circumstances affecting your rights.

For advice about your specific situation, consult a qualified New York employment attorney. Many offer free consultations and work on contingency, meaning you pay nothing unless you recover damages.

Time limits apply to discrimination claims. Don’t delay in seeking legal help.

Sources and Additional Resources: