Gender Discrimination

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GENDER DISCRIMINATION IN THE WORKPLACE LAWYER NY

We’ve helped employees just like you recover millions in damages. We can help you too!

Do you think that you might have been a victim of gender discrimination? The labor and employment law firm of El-Hag & Associates, P.C can help you. Our Westchester New York gender discrimination law firm specializes in workplace gender discrimination and workplace harassment.  We have recovered millions of dollars for victims of workplace discrimination. We have brought gender discrimination lawsuits against small businesses and major multinational corporations and have achieved excellent results for our clients.

If you think you might be a victim of workplace gender discrimination, please call us today for a free consultation. We can quickly assess your case and let you know the options available to you.  In most cases, it is very difficult to prove gender discrimination because there is no “smoking gun”, which is why it is best to schedule a consultation with our employment and labor law firm and go through the facts.

WHAT IS WORKPLACE GENDER DISCRIMINATION

What is Workplace Gender Discrimination?

Gender discrimination in the workplace is a form of sex discrimination that happens when an employee is treated differently than when an employer treats an employee or job applicant differently because of gender. Gender discrimination can occur in the hiring process, job assignments, promotions, and other aspects of employment.

Gender discrimination violates federal law under Title VII of the Civil Rights Act of 1964 and applies to employers with 15 or more employees, including local and state governments and educational institutions. The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces Title VII and other anti-discrimination laws.

If you believe you have been the victim of gender discrimination at work, contact our experienced labor and employment discrimination attorney to discuss your case. An attorney can help you determine whether you have a valid claim and what steps to take to protect your rights. Gender discrimination for both women and men can be extremely damaging to someone's career and mental health, and it is unfortunately very common in the workplace.

You must speak up if you believe you have been the victim of gender discrimination in the workplace. Laws in place protect workers from gender discrimination, and you may be able to file a claim against your employer. Our experienced labor and employment law firm can help you understand your rights and options.

Examples of Workplace Gender Discrimination in New York
 
There are many examples of workplace gender discrimination in New York. One typical example is when women are paid less than men for the same job. This is called the wage gap, and it exists in nearly every industry in New York. Women of color and trans women often experience an even more significant wage gap.  In other gender discrimination cases, it may take the form of sexual harassment or a hostile work environment, and Pregnancy that is created by comments or conduct that is directed at employees based on their gender.

Examples Of Gender Discrimination In The Workplace

  • Pay disparities between men and women.

  • Promotions and job opportunities that are not equally available to both genders

  • Failing to provide equal access to development and training opportunities

  • Harassment such as intimidating comments, gestures, and jokes harassing or intimidating the employee based upon their gender

  • Denial of promotions while male employees with less experience are promoted (glass ceiling)

  • Employer gives benefits to male employees’ families while not providing benefits to female employees’ families

  • denying promotion or hiring of an individual because of their gender

  • Getting Paid less salary than males doing equivalent work

  • If in the course of a job interview you are asked if you are going to start a family

  • Denial of working hours modification request to care for children, while male employees are granted such requests

What Is Not Gender Discrimination or Harassment

At El-Hag & Associates, P.C we receive calls every day from people who believe that they have been discriminated against because they feel that they lost their job for unfair reasons, or because the workplace is not fair. This is not gender discrimination by itself. To learn if the treatment on your job is due to fairness in the workplace contact the employment and labor law firm of El-Hag & Associates.

It is not harassment when people in the workplace make petty slights, are generally annoying, or make isolated discriminatory or derogatory remarks (unless extremely serious) about your gender. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people

Gender Discrimination. Gender Discrimination must occur because of your being part of a protected class. For example, an employer can decide that he will fire any person if they come 1 minute late to work, even if it happened only 1 time. But it would be discriminatory if the employer said that he is only going to apply that policy to women.

Our NY Gender Discrimination Law Firm Will Fight To Get Your Money

If You Believe Your Employer Has Discriminated Against you Because of a Your Gender We Can Help You Recover What Is Rightfully Yours
  • No upfront fees or retainers - we get paid only if YOU get paid
  • ​8 in 10 clients recover tens of thousands, and 2 in 10 can recover life changing amounts.
  • Generally takes 4 - 9 months from start to money-in-your-pocket
  • Our workplace gender discrimination lawyers will know how to best collect evidence to prove your case and build a strong argument.
  • Our experienced workplace gender discrimination attorneys can negotiate on your behalf to get you the best possible outcome.
  • Our gender discrimination lawyers can help you file a claim with the Equal Employment Opportunity Commission, which is the federal agency that handles Gender discrimination claims, and The New York State Division of Human Rights, Department of Labor, and other relevant agencies and bring your case to court which is unnecessary in most cases
  • Protection from revenge - your boss can’t fire you, change your hours or mess with your work environment, or harass you due to your job gender discrimination and harassment claims against them - your boss can’t fire you, change your hours or mess with your work environment due to your job discrimination claim
  • You can recover money from any company you worked for in the past three years for workplace discrimination
  • We’ll do all the hard work to get you your Money. You just need to give us the details. You (usually) won’t even have to show up
  • You can get your job back or front pay instead of getting your job back so you have money in your pocket while you look for another job.
  • Hiring our experienced NY workplace gender discrimination law firm gives you the best chance of recovering the money that you deserve. Our gender discrimination law firm gives you the best chance of recovering the compensation that you deserve

How Do You Win An Workplace Gender Discrimination Lawsuit?

There are several factors that you must prove to win an employment gender discrimination lawsuitIf you can answer yes to the following questions, you may have been a victim of employment discrimination:

1) Do you work at a company with 4 or more employees? The New York State Human Rights Law only protects employees who work for an employer with 4 or more employees. Federal Law requires that the employer employ more than 15 employees. So, the first thing to check is if you are protected by the law.

2) Did something bad happen to you at work? This is known as an “adverse employment action”. You must be able to show that something bad happened to you at work. Examples of adverse employment actions include:

  • Being fired

  • Being laid off

  • Not receiving a raise

  • Being demoted

  • Being passed over for a promotion

  • Being harassed at work

3) Are you a member of a protected class? To prove employment discrimination, you must show that you are a member of a “protected class”, for example you have a qualified disability that doesn't affect job performance

4) Were you qualified to perform the job at issue? You must be able to demonstrate that you had the right skill set to perform the job at issue despite your disability.

  • An example of being unqualified- is if you apply for a job as a lawyer, but you don’t have a law degree, you won’t be able to say that you were discriminated against if a law firm did not hire you.
  • An example of being qualified and passed over in a discriminatory situation would be if you had the same or greater abilities than others who applied for a job position. Both you and the person without a disability had equal experience working in the position you were applying for. If the other individual was hired but you were not, the company will have to be able to provide a legitimate reason that you, as a qualified individual was passed over for the job.

5) Does it seem likely that the gender discrimination occurred because you are a member of a protected class? This means that there is some evidence that shows that something bad happened to you at work BECAUSE of your gender. There must be a believable cause-and-effect relationship between your gender and the negative job action. For example:

  1. You were fired BECAUSE of your GENDER
  2. You didn’t get a raise BECAUSE of your GENDER
  3. You were fired BECAUSE of your GENDER

6) Is your employer’s reason for taking the adverse action a lie (“Pretext”)? Your employer can take any negative action in the workplace as long as there is a legitimate reason for it, and it is not retaliatory. In almost 100% of gender discrimination cases, your boss is going to have an excuse that explains why you were treated badly. It is your responsibility to demonstrate that your boss’s excuse is not true and that the real reason is gender discrimination. For example, if you are a woman and your employer fired you because you performed your job poorly or had a bad attitude, your boss can terminate you. But if the men act the same way and perform the job the same way as you, then your employer’s excuse that you performed poorly is most likely a lie.

Case Results and Testimonials

Case Results & Testimonials

  • James recovered $160,000 in severance pay and left work on his own terms.
  • Katrina recovered $60,000 when her employer denied her leave for her disabled child (3 years pay)!
  • Tony recovered $50,000 for losing his job after his boss made racists comments!
  • Monica recovered $25,000 in unpaid overtime because her boss incorrectly treated her as not entitled to overtime under the law as a salaried office worker.
  • Manuel recovered $45,000 as a deli worker because he worked more than 40 hours a week without overtime pay. The boss paid him off the books without paying him any overtime and we recovered an extra $10,000 in penalties.
Contact us right now for a FREE Job Gender Discrimination Consultation. If you don't act fast, you can lose your chance to recover!
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Our Free Gender Discrimination and harassment Consultations are Confidential and Private.

El-Hag & Associates is a highly Experienced & Successful Labor and Unemployment Law Firm in NY.

How We Help You Get the Compensation That You Deserve For Your Workplace Gender Discrimination Case In Just 4-9 Months

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Schedule

10-minute initial free wage evaluation. We give you the game plan that you can follow even if you do not want to work with us. Just fill out the form to start.

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Detailed Consult

If you decide to move forward, we build your case. Give us your documents. Give us the details.
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Demand Letter

We send a letter to your company. Many times we can get a settlement negotiated in the beginning without even going to court. You can get your money in as little as two months.
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Lawsuit

We file the lawsuit, we spend the money, you only have to be involved for a few hours over the course of the lawsuit. 90% of the time, we manage to settle the case, you get paid. 

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Finalize

Finish the lawsuit, you sign some papers and get your check.  

Don't Let Your Employer Intimidate You From Being Compensated For The Gender Discrimination in the Workplace That You Were Subjected To By Threatening Or Scaring You Into Inaction

  • You can sue any company you worked for in the past three years. It does not have to be a company at which you are currently working.

  • The law protects you. The law prevents retaliation. You can collect unpaid wages and benefits, and penalties, demand your job back, and even demand front pay (money to cover you for the time it would take to find new work.

  • Attorney-Client Privilege- We CANNOT tell anyone about your case unless you ask us to. Your call is 100% confidential and protected by the attorney-client privilege.

  • Attack only when you’re comfortable. We only move forward when you are ready. There is no pressure to start. You can have your workplace gender discrimination evaluation, come up with a strategy, collect evidence, and begin when you are ready.

Why You Should Not Wait To Take Action Against Your Employer For Gender Discrimination in the Workplace

There Are Many Reasons You Need To Act Fast Before You Lose Your Chance To Start A Lawsuit To Recover Damages That You May Be Entitled To Against The Employer That Discriminated Against You because of your Gender
  • The Company can go out of business.

  • You can run out of time to bring a lawsuit if you haven't already

  • The company can be sold or transferred

  • Someone else could sue and complicate your chance of collecting your wages

  • The company could file for bankruptcy

  • The owner could die

Client VideoTestimonials

Why clients prefer El-Hag Law

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Challenge

Company lied by saying employees should not be paid for travel time because they only used the construction headquarters for commuting.

Approach

Hired a private detective to video tape the construction yard in the mornings to show that the workday began when employees arrived to work.

Result

We secured for our client one of the largest single-person wage recoveries that the Judge had seen in his career!

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Challenge

Company tried to not pay our client who worked in an office overtime by claiming she was an exempt administrative employee and sales person. 

Approach

We got the business owner to lie under oath, and then showed the court the evidence of our client working at the restaurant. Subjecting the company owner to perjury charges.

Result

Our client secured $35,000 and was able to start a restaurant of his own with his family using the settlement money.

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Challenge

Company tried to not pay our client who worked in an office overtime by claiming she was an exempt administrative employee and sales person. 

Approach

We threatened to bring a class action lawsuit against the company because they misclassified all the workers in the same position, and we were able to negotiate a premium settlement for our client. 

Result

We secured our client $50,000 and she landed a new job the next week. She was able to buy a new car for commuting and put money into her retirement savings account.

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“El-Hag helped me recover $100,000 in unpaid overtime because the time spent traveling was not paid”

How can I sue my employer for gender discrimination?

There are 3 ways that you can file a discrimination lawsuit against your employer in New York. You need to decide what avenue you are going to take and give it careful thought because generally once you choose one option, you cannot change your mind and pursue another option. This is known as “election of remedies”.

The 3 main ways to bring the lawsuit are:

1) File a lawsuit directly in New York State Supreme Court. You can file a lawsuit against your employer under the New York State Human Rights Law. You have three years from the time the discriminatory action occurred.

2) File a charge with the EEOC, NY Division of Human Rights (NYDHR) or another local agency. You can file a charge with the Equal Employment Opportunity Commission (“EEOC”) (Federal), NYS Division of Human Rights (State), or local agency (E.g. Westchester County). When you file with the NYS Division of Human Rights, the Division will dual file your charge with the EEOC and the cases will be investigated at the same time. If the agencies find that your claim has merit they will issue a probable cause finding and you can then have an administrative hearing to decide your case.

3) File a charge with the EEOC and NY Division of Human Rights, and then à file a lawsuit in Federal Court. If you file you charges with the EEOC and NYDHR, you can choose to file a lawsuit in Federal Court if you do not want to proceed with these agencies. Once you obtain a right to sue letter from the EEOC, you have a limited time to file a lawsuit in Federal Court to pursue your lawsuit.

Contact El-Hag & Associates today for a Free Gender Discrimination Confidential Consultation 

Awareness is the first step to stopping gender discrimination. If any of the gender discrimination work violations applies to you, then you should call El-Hag & Associates, P.C today. The most important thing is to keep track of the gender discrimination and harassment you were subjected to at work. Do not rely on your employer or others to do that for you.

In Westchester New York, many working men and women living in Yonkers, Mount Vernon, and New Rochelle are victims of disability discrimination. That is why El-Hag & Associates, P.C is a Westchester gender discrimination in the workplace law firm, focusing on employment gender discrimination law in Westchester New York. If you find that you have been discriminated against at work because of your gender, contact El-Hag & Associates, P.C today and we can help you get the compensation that you deserve. Make sure you protect your rights and your livelihood.