The NY Working Woman's Pocket Guide

Am I covered?

If you work for, or are applying to work for, an employer in New York State, then you are covered by sex discrimination laws. You are also covered by the law if you are an independent contractor.*

*New York State law defines “non-employees” as contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace or who is an employee of such contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace.

What is sex discrimination?

Sex discrimination in the workplace is when your employer treats you less favorably than other employees because of your sex or gender. Sexual discrimination includes pregnancy discrimination, sexual harassment, sex stereotyping, and pay and benefits discrimination.

What are some examples of sex discrimination in the workplace?

For sex discrimination to be illegal, your employer’s behavior has to have some kind of negative effect on the “terms or conditions” of your employment. This can include not being hired, being demoted or fired, changes to your job role and responsibilities, changes to your schedule or job location, changes to your pay, or failure to get a promotion because of your sex.

For example:

• It could mean your boss doesn’t hire you because, despite your excellent qualifications, some company clients are more comfortable dealing with men.
• It could mean your employer doesn’t promote you because they assume you’re about to get pregnant or that a woman wouldn’t want to do a particular job.
• It could mean your boss pays a man with similar training and work experience more than you.

Do I also have protections if I’m discriminated against based on my sexual orientation?

Yes, you have a separate legal right not to be discriminated against based on your sexual orientation. Sexual orientation discrimination is when your employer treats you less favorably than other employees because of your actual or perceived sexual orientation.

What happens if my employer punishes me for reporting sex discrimination or opposing their discriminatory practices?

It is illegal for your employer to punish you or retaliate against you for reporting sex discrimination (either to your employer or to a government agency) or opposing your employer’s discriminatory practices.

For example, your employer cannot:

• Fire or demote you.
• Cut your hours or pay.
• Force you to take a leave.
• Reassign you to a different job, shift, or location.
• Issue a disciplinary write-up.
• Take away job responsibilities from you.

Do I have additional rights if I work in New York City?

Yes, in New York City, there are explicit protections stating employers cannot discriminate against you based on your gender identity. This means they cannot treat you less favorably than other employees because of your actual or perceived gender identity.

• Note:  New York State has also issued regulations making it clear that employers cannot discriminate against you based on your actual or perceived gender identity.

A few additional notes:

• These laws apply to you regardless of your immigration or citizenship status.
• The information listed in this section does not constitute legal advice. It is always advisable to consult with an attorney about your individual circumstances if you have questions or think your rights as a worker have been violated.