If you work in New York, you are legally protected from discrimination based on your sex pursuant to federal, state, and local laws.
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.
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.
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:
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.
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:
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.
To download the full New York Working Woman’s Pocket Guide as a PDF, click here.