All New Yorkers deserve to earn a living in an environment free from bias and unfair treatment, no matter their gender. Despite significant progress, sex discrimination in the workplace remains a serious concern in 2025.
If you’ve been denied opportunities, mistreated, or faced hostility because of your sex, gender identity, or sexual orientation, it’s normal to feel powerless and overwhelmed. You may worry that reporting the issue will lead to retaliation or that no one will take your concerns seriously. However, the law is on your side, and there are steps you can take to protect yourself.
This blog post will explain what workers in New York should know about sex discrimination. We’ll cover the legal definition, what it looks like, and how you can take action to protect yourself and promote fairness at work.
What Is Sex Discrimination?
Sex discrimination occurs when an employer mistreats an employee or job applicant because of their sex, gender identity, or sexual orientation. Under New York City and federal law, it is illegal for an employer to take these factors into account when:
- Hiring or firing,
- Advertising job positions,
- Promoting or advancing employees,
- Determining benefits and compensation, and
- Performing any action or inaction related to the terms and conditions of employment.
Sex discrimination in the workplace can affect anyone. If your employer treats you worse because of your gender or sexual orientation, you may have legal recourse.
What Laws Protect NYC Employees from Sex Discrimination?
Multiple laws prohibit workplace sex discrimination in New York City. They include:
- New York City Human Rights Law,
- New York State Human Rights Law,
- Title VII of the Civil Rights Act of 1964, and
- The Equal Pay Act of 1963.
These laws also protect workers in New York City from retaliation for reporting discriminatory behavior in the workplace. It’s illegal for employers to punish someone for speaking up about sex discrimination—even if they weren’t the original target of the unfair treatment. If you suffer backlash for filing a complaint, participating in an investigation, or supporting a coworker’s claim, you may have a valid retaliation case.
What Does Sex Discrimination at Work Look Like?
Discriminatory treatment in the workplace can take many forms. Some common sex discrimination examples include:
- Gender-based favoritism—being repeatedly passed over for promotions or pay raises in favor of less-qualified coworkers of a different gender;
- Inconsistent discipline—facing unfair scrutiny or harsher consequences for mistakes compared to employees of a different sex;
- Unfair compensation—receiving lower pay for doing the same work as employees of another gender;
- Limited opportunities—losing a job, hours, job assignments, or other opportunities because of pregnancy or parental status;
- Unequal workload—placing a disproportionate amount of unfavorable or menial work on individuals of one gender;
- Insulting language—experiencing derogatory or offensive comments about your sex or gender identity;
- Enforcing stereotypes—evaluating employees according to outdated gender norms, such as assumptions about caretaking ability or dress codes that disproportionately affect one gender; and
- Disproportionate termination—singling out competent employees of one gender for layoffs or firing while similar employees of another gender are not.
Sometimes, sex discrimination is obvious, like being explicitly told that a leadership role is “better suited” for a man. Other times, it’s more subtle, such as consistently being left out of important meetings or networking opportunities. Because discriminatory practices can be ingrained in workplace culture, many employees may not immediately recognize that they are facing prejudice. If you find yourself frequently questioning whether your workplace is treating you differently because of your gender, consulting an experienced employment lawyer can help clarify your rights and potential next steps.
What to Do About Workplace Sex Discrimination
It can feel intimidating to confront workplace discrimination. However, knowing how to take action to safeguard your rights and career is crucial. The following steps can help you protect yourself and strengthen your legal claim.
Know Your Rights Under Federal, State, and Local Law
Each law banning workplace sex discrimination has different eligibility requirements. Although federal anti-discrimination law applies to businesses with 15 or more employees, New York State and New York City laws cover employers of any size. This means that all employees in NYC are legally protected from sex discrimination, even if they work for a small business. Additionally, non-employee workers, such as freelancers and gig workers, are protected under New York City and state anti-discrimination laws but not federal law.
Understand the Difference Between Discrimination and Sexual Harassment
Sex discrimination and sexual harassment are related but distinct types of mistreatment. Sexual harassment involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. This treatment includes explicit comments, unwanted physical contact, or other conduct that creates a hostile work environment. Both sex discrimination and sexual harassment are illegal. However, different legal standards may apply when pursuing a claim.
Document Incidents of Potential Discrimination
If you suspect you’re experiencing discrimination based on your gender, don’t ignore it. Keep detailed records of any potential prejudice you experience. Write down dates, times, and descriptions of incidents. Save any emails, messages, performance evaluations, or other documents that could show a pattern of discriminatory behavior.
Report Inappropriate Behavior
Bringing discrimination to your employer’s attention is essential. Submit a formal written complaint according to the reporting policies set out by your company. New York City employers have a legal responsibility to address and correct any discriminatory behaviors that come to their attention.
Consult with an Employment Lawyer
If you believe you have been subjected to sex discrimination, it’s best to seek advice from a legal professional. A qualified employment attorney can evaluate your situation, assess whether your rights have been violated, and help you understand your options. Legal remedies for sex discrimination claims can include reinstatement, back pay, and compensation for emotional distress of mistreatment. An attorney can guide you through filing a claim and advocating for your rights.
How Rissmiller PLLC Can Help
New Yorkers have the right to a workplace free from bias and unfair treatment. If you suspect you’ve been the target of sex discrimination at work, acting swiftly can be critical for preserving evidence and protecting your livelihood. Fortunately, you don’t have to fight this battle alone.
Alex Rissmiller of Rissmiller PLLC is proud to bring years of litigation experience and a strong commitment to combatting employer sex discrimination. Having represented both employees and employers, he understands the tactics companies use to justify unequal treatment and how to challenge them effectively. Whether you have been denied promotions, unfairly disciplined, or subjected to gender-based biases, he will work with you to develop a legal strategy to secure justice and fair treatment. If you’re concerned about your rights or have questions about your workplace, contact our office today for a free consultation.
