New York Sexual Discrimination Law in the Workplace

August 28th, 2006 Posted by Hannah

In New York, sexual discrimination law in the workplace can be found under the state’s Human Rights Law. It states that sexual discrimination in the workplace is illegal. This includes refusing to hire, firing, or determining compensation or working terms or conditions based on an individual’s sex. It also includes failure to promote because an employee is male or female, advertising and recruitment that favors one gender over another and sexual harassment.

In New York, employers are those who have four or more employees and include labor organizations and employment agencies. This differs from federal law because Title VII refers only to those employers who have fifteen or more employees. It excludes employees who are in domestic service, individual contractors and those employed by their parent, spouse or children.

In New York you have one full year to file a claim if you feel your rights have been violated. This also differs from federal law which allows only 180 days. To file the claim, you need to contact the New York State Division of Human Rights. A claim submission should include all the necessary names and contact information as well as a detailed explanation of the incident. Then, the Division will send a copy of the complaint to your employer and give him or her a chance to respond.

An investigator will take over your case and find evidence to help him or her make a probable cause or no probably cause decision on the case. If the investigator does find probable cause, you and your employer will enter conciliation or go to public hearing.

It is also possible in New York to go directly with the state courts instead of with the Division. However, if you want to go through the federal court system, you’ll need to first request a “Right to Sue” letter from the EEOC. A lawyer can help you decide which route is best for your specific situation.

Employers and employees alike must always stay informed about their rights and responsibilities when it comes to sexual discrimination in the workplace. Employers should also always keep posted an updated New York Labor Law Poster as a resource in the workplace.

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Posted in Discrimination, Employment Laws, Hostile Environment, New York

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