Sex & Gender Discrimination

The Answer is Definitely Yes – Liquidated Damages of up to 300% of the amount of the actual wage violation are now available under the New York State law. This means that if $100,000 of unequal wages are proven within the six years before the filing of the complaint, the Court can award up to $300,000 in liquidated damages (which is basically a fine), plus the actual $100,000 damages, if the violation is found to be willful. This is a possible recovery of 400% plus reasonable attorney’s fees. This is a powerful change that will make Employers far more likely to settle these claims.

A basic case is made out by showing that a woman is paid less than a man in the same establishment, for equal work, under similar working conditions, on a job requiring equal skill, effort and responsibility.

Under the new amendments to the state law, this is a violation, unless the Employer can show that the difference in pay is the result of seniority, a merit system, a system that sets earnings by quality or quantity of production (like a commission system), or a bona fide factor other than sex, such as education, training or experience. This factor (i) cannot be based upon or derived from a sex-based differential in compensation, and (ii) must be job related to the position in question and must be consistent with business necessity.

Now you are, but under prior law, Employers were allowed to discipline or fire any Employee who inquired about, or talked about, his or her wages, or the wages of any other employee. This is important because women won’t know if they have an equal pay claim where discussion of wages in the workplace is strictly prohibited. Remember that even though Employers are not allowed to discipline or fire anyone for showing interest in wage differences between men and women, many will still find ways to do this. Before you do anything that will jeopardize your position, you should always seek legal advice so you can take precautions that will give you the most protection possible if a problem arises.

The Answer is Definitely Yes. One of the specific changes in recent laws was to protect discrimination based on “Familial Status”. This effectively created a new “protected class”, which was primarily intended to protect single mothers. The law is written very broadly to protect people who are caring for children under 18 and their significant others, even if neither of them are the biological parent. This law intended to protect women with children because they are “less likely to be recommended for hire and promoted, and, in most cases, are offered less in salary than similarly situated men”.

Yes – Routinely granting leave to pregnant women to give birth, but denying it to men whose wives are giving birth also violates the Sex Discrimination Laws. Remember – What’s good for the goose is good for the gander.