Gender discrimination is a common problem in many businesses. The NYC Commission on Human Rights’ Law Enforcement Bureau (LEB) investigates discrimination in NYC companies. They can also bring employers to trial if they give their case a Probable Cause Determination.
NYC Companies must understand what gender discrimination is in order to promote equality and work in accordance with the NYC Human Rights Law (NYCHRL). Trials can also cost employers time and money. This article will explore what gender discrimination is and where it is is prohibited.
What is Gender Discrimination?
Gender discrimination includes prejudicial treatment based on transgender status, gender identity and gender expression according to the NYCHRL. It is also discrimination against an intersex person. Furthermore, discrimination against gender can be based on a person’s perceived or actual gender identity. This may or may not match a person’s sex from birth. The gender identity may not conform to the way one expresses gender neither. A person can express gender through communication or appearance.
The NYCHRL forbids discrimination of gender in the following areas:
- – employment
- – housing
- – public accommodations
- – police interactions
- – whenever a person is treated less well than others because of gender
What is Gender Harassment?
Harassment that is motivated by gender is a form of discrimination. Repeated acts of disparate behavior can be gender harassment. Additionally, single incidents of differential treatment can also be gender harassment. It reflects or creates a culture of:
- – sex stereo typing
- – degradation
- – humiliation
- – objectification
- – bias
Ultimately, gender harassment covers a broad range of behavior. The existence of disparate treatment based on gender is sufficient enough to constitute claims of harassment, but the severity is relevant to damages.
Gender harassment can include sexual requests or unwanted sexual behavior. It’s important to note that the the harassment does not have to be sexual. For example, unlawful gender harassment can be an employer’s refusal to use a transgender employee’s preferred name. Finally, gender harassment can be:
- – comments
- – unwanted physical contact
- – gestures
- – jokes
- – pictorial