Much Progress Made, Much to Be Made in Gender Discrimination

McSorley’s.  It’s an iconic New York City bar that was “men-only” until 1969.  Though the establishment now recognizes that the change was “for its own good,” it wasn’t initially voluntary.  McSorley’s and similar bars were forced to open their doors to females after Faith Seidenberg, an attorney, and a friend sued the bar for gender discrimination after being kicked out for being female.  Seidenberg passed away recently and it is a good reason to take another look at gender equality.

Today, it seems laughable that a female would be kicked out of a bar purely because of her gender and McSorley’s former status as a men-only bar seems nothing more than a memorable part of its history.  We’ve come a long way in 45 years.  But we’re not quite there yet.  Wrongful gender discrimination still exists and may be far more prevalent than we like to think in the employment setting.

Gender Discrimination in the Employment Setting

Employment is one of the areas that has had the greatest difficulty shedding the ingrained gender discrimination of its past.  Most employers try to do their part to treat employees of all genders equally, but when they don’t there are New York and federal laws that provide for remedies against those employers.

New York’s human rights Law Sect. 219 prohibits employers with at least four employees from discriminating against one or more of its employees.  Federal law provides the same ban where the employer has at least 15 employees.  What constitutes “discrimination” has been the subject of many lawsuits, but at its core involves an adverse action against an employee because of their gender.

Adverse Actions

There are many types of adverse actions ranging from firing to not hiring to demoting.  Similarly, there are many ways employers demonstrate the gender-based cause of their adverse action.  In rare situations, the employer will expressly state that the adverse decision was because of the employee’s gender.  More often, the discriminatory intent is more subtle, revealed by something like a hiring pattern (e.g. never hiring males despite receiving applications from qualified ones).  An experienced employment discrimination attorney can help prove discriminatory intent in these more difficult cases.

Though women have historically been discriminated against more frequently because of their gender, gender discrimination is equally prohibited against men.  For example, a lawsuit was recently filed against Ruby Tuesday for alleged employment discrimination against males when hiring for temporary bartender and server positions in Park City, Utah.  The company expressly told applicants that it was only seeking females.  Its rationale was that it was providing housing and did not want to have to find co-ed housing.

Can We Be of Assistance?

Employees and applicants of both genders sometimes delay in calling an attorney because they don’t want to rock the boat, don’t believe they can win against a corporation, or are simply unsure of whether their employer’s actions were permissible under the law.  The experienced employment discrimination attorneys at Joseph & Norinsberg  help clients navigate these issues and concerns on a daily basis.  Call our offices at (212) JUSTICE or e-mail us at info@employeejustice.com today to learn more about your rights and options.

2020-09-17T22:20:03+00:00February 9th, 2015|Gender Discrimination|

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I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved.

Jon and his team are amazing. They fought every step of the way for me and my family. My case was handled with such care and concern and Jon’s honesty gave me great confidence in his ability to win my case.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

Bennitta Joseph is committed to Justice. After be wronged at work in 2015, and discriminated against I felt very hopeless and wronged. I felt as though I had no hope standing up to a corporate giant, and no chance of winning. After explaining my case and sharing the facts Bennitta felt differently. She did warn me it would be a long and tough road and that I had to have thick skin. In my experience if you take Bennitta’s lead and trust her legal experience no case it too big, or too small for her…

Me trataron muy bien y estoy satisfecho con el servicio. Inicialmente llamé para unirme a un caso anterior, pero cuando ya era demasiado tarde para unirme a ese caso, estaban felices de luchar por un segundo caso. No pensé que podrían hacer que otro caso funcionara, pero lo hicieron. Aprendí cuáles son mis derechos en cuanto a salario mínimo y tiempo extra y puedo usar esta información en el futuro. Recomiendo mucho la oficina.

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I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Ysaac G

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved. 

D.F.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

Karleen L.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought.  The patience shown to me (even when I became frustrated) was great.  Everyone showed respect, sensitivity, and I’d recommend the firm to everyone.  Losing my job set me behind on several bills, but I can now pay them.  The situation I went through will help me going forward. 

Isaiah B.

I had an excellent experience with the firm and with Bennitta Joseph as my attorney. Everyone I dealt with was extremely courteous, friendly and very helpful. The settlement will help me financially as I look for a job.

Kate P.

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