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Workplace Discrimination · California & New York

Gender Discrimination Attorney

Dealing with a gender discrimination issue? Our California & New York employment attorneys can help you get the compensation you deserve.

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Common Gender Discrimination Scenarios

You are paid less than colleagues of a different gender who perform substantially similar work
Promotions consistently go to employees of a different gender despite comparable qualifications and performance
Your employer treated you differently after learning about your gender identity or expression
You were subjected to gender stereotyping — e.g., told to be more or less aggressive based on your gender
Workplace policies disproportionately disadvantage one gender without legitimate business justification

Your Employment Rights in California & New York

If you have experienced gender discrimination, both California and New York law provide strong protections. You may be entitled to:

  • Back pay and lost wages recovery
  • Compensatory damages for emotional distress
  • Punitive damages in cases of egregious conduct
  • Attorney's fees and litigation costs paid by the employer

Gender Discrimination FAQ

What laws address gender discrimination in the workplace?

Title VII prohibits sex-based discrimination. The Equal Pay Act requires equal pay for equal work. California's FEHA and Fair Pay Act (Lab. Code § 1197.5) provide strong protections, including for gender identity and expression. New York's Human Rights Law and the NYC Human Rights Law prohibit gender discrimination broadly, covering gender identity, expression, and sex stereotyping.

How does the Equal Pay Act work in California and New York?

California's Fair Pay Act is among the strongest, requiring equal pay for "substantially similar work" and prohibiting employers from using prior salary to justify pay differences. New York's Equal Pay Law similarly requires equal pay for substantially similar work. Both states place the burden on employers to justify pay disparities with legitimate factors like seniority or merit.

What if my employer retaliates after I raise a gender discrimination complaint?

Retaliation for complaining about gender discrimination is separately illegal under Title VII, FEHA, and New York law. This includes formal complaints to HR, the EEOC, or state agencies, as well as informal complaints to supervisors. Retaliation can include termination, demotion, reduced hours, or any other materially adverse action.

What should I document if I suspect gender discrimination?

Keep detailed records of: pay disparities (request salary information through CA or NY pay transparency laws), promotion decisions and stated reasons, discriminatory comments, emails or messages reflecting bias, comparators of a different gender who received favorable treatment, and any complaints you made and how they were handled.

Other Workplace Discrimination Claims We Handle

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