Your gender should never decide your salary, your title, or your ceiling.

Gender discrimination in the workplace is illegal under federal, state, and local law, yet it remains a persistent and serious problem for workers across industries. It can appear in a hiring decision, a pay disparity, a promotion that keeps going to someone else, or a workplace culture that makes you feel unwelcome simply because of who you are. If you believe your employer has treated you differently because of your gender, the attorneys at Dudani Law are ready to help. We represent employees in New York and New Jersey in all types of gender discrimination claims.

What our clients typically experience

The people we represent are often told they are too aggressive, not the right fit, or simply paid less than a colleague doing the same work. The reasons shift, but the pattern does not. They come to us to find out whether what they sensed about how they were treated is something the law can name. It usually is.

What Is Gender Discrimination in Employment?

Gender discrimination occurs when an employer makes an employment decision, or creates a hostile or demeaning work environment, based on an employee's or applicant's gender. It can be overt or subtle, intentional or structural. Common examples include:

• Failure to hire or promote based on gender
• Termination or demotion motivated by gender bias
• Unequal pay for substantially similar work
• Gender-based harassment or hostile work environment
• Discrimination based on failure to conform to gender stereotypes
• Differential treatment in job assignments, training, or benefits

Gender discrimination does not affect only women. Men, transgender individuals, and gender nonconforming workers are all protected under applicable law. Discrimination rooted in stereotypes about how a person of a particular gender should look, act, or behave is also unlawful, even when it does not fit a traditional mold of bias.

Signs You May Have a Claim

• You discovered a colleague of a different gender doing similar work is paid more.
• You were passed over for a promotion that went to a less qualified person of a different gender.
• You were excluded from meetings, client dinners, or after-work events where decisions get made.
• A manager told you to "tone it down," "be more of a team player," or said you are not "the right fit."
• Comments were made about your appearance, your dating life, your pronouns, or who you live with.
• Your performance ratings dropped after you complained about gender-based treatment.

Laws That Protect You

Federal Law: Title VII and Bostock

Title VII prohibits employers with 15 or more employees from discriminating on the basis of sex. The Supreme Court held in Bostock v. Clayton County, 590 U.S. 644 (2020), that discrimination based on an employee's transgender status or sexual orientation constitutes sex discrimination under Title VII and is therefore prohibited. Title VII damages are capped between $50,000 and $300,000 based on employer size, and the federal Equal Pay Act covers gender-based pay only and only for "equal" work. Workers in New York and New Jersey have strong, independent protections under state and local law that are not subject to federal enforcement shifts.

New York State Human Rights Law (NYSHRL)

The NYSHRL prohibits gender discrimination by any employer in New York State with one or more employees and explicitly protects against discrimination based on sex, gender identity, and gender expression. It removes the federal "severe or pervasive" hurdle and eliminates the Faragher-Ellerth defense, and damages are uncapped. The Gender Expression Non-Discrimination Act (GENDA), effective February 24, 2019, made gender identity and expression an enumerated protected class statewide. New York's Achieve Pay Equity Act expanded equal pay protection to all protected classes for substantially similar work, and New York's salary history ban took effect January 6, 2020.

New York City Human Rights Law (NYCHRL)

The NYCHRL explicitly prohibits discrimination based on gender, including gender identity and gender expression. Employers may not impose dress codes, grooming standards, or appearance requirements that treat workers differently based on gender. A worker need only show they were treated less well than other employees because of their gender, and that the treatment was more than trivial or petty. The NYCHRL added height and weight as protected categories effective November 26, 2023.

New Jersey Law Against Discrimination (NJLAD)

The NJLAD covers virtually every New Jersey employer and expressly protects sex, pregnancy, breastfeeding, gender identity or expression, and affectional or sexual orientation. The Diane B. Allen Equal Pay Act, effective July 1, 2018, makes it unlawful to pay an employee in any protected class less than other employees for substantially similar work, viewed as a composite of skill, effort, and responsibility. It allows up to six years of back pay and mandatory treble damages on a finding of a violation. New Jersey's salary history ban took effect January 1, 2020. NJLAD damages are uncapped. In December 2025, the New Jersey Division on Civil Rights adopted disparate-impact regulations at N.J.A.C. 13:16 (effective December 15, 2025) addressing facially neutral practices, including AI and automated hiring tools, that disproportionately disadvantage protected groups.

Types of Gender Discrimination Claims

Disparate Treatment

Disparate treatment discrimination occurs when an employer intentionally treats an employee less favorably because of their gender. If you were passed over for a promotion that went to a less qualified employee of a different gender, terminated while similarly situated colleagues of a different gender were retained, or denied opportunities made available to others based on your gender, you may have a disparate treatment claim.

Unequal Pay

Paying employees differently for substantially similar work based on gender is prohibited under federal, New York, and New Jersey law. The New York Equal Pay Law requires equal pay for substantially similar work, which is a broader standard than the federal Equal Pay Act's requirement of identical jobs. New Jersey's Diane B. Allen Equal Pay Act allows up to six years of back pay and triggers mandatory treble damages on a violation. If you suspect you are being paid less than a colleague of a different gender who performs comparable work, documenting that disparity and speaking with an attorney is an important first step.

Gender Stereotyping

Employers are not permitted to make employment decisions based on assumptions or expectations about how a person of a particular gender should look, speak, dress, or behave. For example, denying a promotion to a woman because management believes she is not aggressive enough to lead, or penalizing a man for behavior considered acceptable in women, may constitute gender stereotyping discrimination. Under the NYCHRL, discrimination based on failure to conform to gender stereotypes is expressly prohibited.

Hostile Work Environment

A gender-based hostile work environment can be established through a pattern of conduct that makes the workplace demeaning, abusive, or uncomfortable based on gender. This may include sexist comments, jokes, imagery, or treatment that undermines an employee because of their gender. Under the NYCHRL, the conduct need not be severe or pervasive; it need only result in the employee being treated less well because of their gender. Federal and state law require a higher showing.

Gender Identity and Expression

Transgender and gender nonconforming workers are protected from discrimination under the NYSHRL, NYCHRL, and NJLAD, independent of any federal enforcement developments. Employers may not discriminate in hiring, firing, pay, or any other term of employment based on an employee's gender identity or expression. Under the NYCHRL, employers must respect an employee's gender identity, including with respect to names, pronouns, and access to facilities consistent with gender identity.

How to Document

• A contemporaneous log of comments, comparators, and adverse changes, kept on a personal device.
• Emails, texts, and chat messages showing gender-based treatment.
• Pay statements, offer letters, and any compensation data you can gather about peers.
• Job postings, descriptions, and any evidence of duties for comparator employees.
• The names of witnesses and what they observed.

Retaliation Is a Separate Violation

Retaliation against employees who report gender discrimination or participate in a related investigation is prohibited under Title VII, the NYSHRL, the NYCHRL, and the NJLAD. Retaliation can take many forms, including demotion, reduction in hours, unfavorable assignments, or termination. If you experience any adverse change in your employment after raising a complaint, document it carefully and consult an attorney promptly.

What Damages Can I Recover?

• Back pay and front pay (up to six years of back pay for New Jersey Equal Pay Act claims).
• Treble damages on findings of a violation of the New Jersey Equal Pay Act.
• Compensatory damages, including emotional distress (uncapped under the NYSHRL, NYCHRL, and NJLAD).
• Punitive damages (uncapped under the NYCHRL and NJLAD).
• Attorneys' fees and costs.

Under Title VII, damages are capped based on employer size. The NYSHRL and NJLAD impose no such cap, making them particularly important tools in cases involving significant harm.

Why Clients Choose Dudani Law

• We chase the pay gap. We gather the postings, titles, and comparator data that prove unequal pay.
• We protect identity. We enforce the full strength of state and city protections for transgender and gender nonconforming workers.
• We use every law. Title VII, NYSHRL, NYCHRL, and NJLAD, plus the New Jersey Equal Pay Act's treble damages.
• No fee unless we win. We handle gender discrimination cases on a contingency basis.

Frequently Asked Questions

What should I do if I experience gender discrimination at work?

Start by documenting the incidents in as much detail as possible. Note the date, time, location, individuals involved, and what was said or done. Preserve any written communications that reflect discriminatory treatment or comments. If your employer has a human resources department, consider whether to make an internal complaint, keeping in mind that doing so creates a record and may also prompt retaliation concerns that an attorney can help you manage. Contact an employment attorney as early as possible so that your options are preserved.

I am being paid less than a colleague of a different gender who does the same work. What can I do?

Federal, New York, and New Jersey law all prohibit pay discrimination based on gender. Gather as much information as you are able to about the compensation of similarly situated colleagues. Keep records of your job responsibilities and performance. Under New York and New Jersey law you cannot be punished for discussing pay with coworkers, and New Jersey's Equal Pay Act allows up to six years of back pay with mandatory treble damages on a violation.

My employer expects me to act or dress a certain way because of my gender. Is that legal?

Not necessarily. Imposing different standards on employees based on gender, or penalizing employees for failing to conform to gender stereotypes, can constitute unlawful discrimination. Under the NYCHRL, employers may not enforce dress codes or grooming standards that treat employees differently based on gender. If you are being held to different expectations because of your gender, speak with an attorney about whether those expectations cross a legal line.

Are transgender employees protected under New York and New Jersey law?

Yes. The NYSHRL, NYCHRL, and NJLAD all explicitly protect employees from discrimination based on gender identity and expression, independent of any developments at the federal level. These protections cover all aspects of employment and are enforced by state and local agencies that operate independently of the federal EEOC.

Can I file a claim if my employer has fewer than 15 employees?

Yes. Title VII applies to employers with 15 or more employees, but the NYSHRL covers any employer in New York State with one or more employees, and the NJLAD applies to all employers in New Jersey regardless of size. Workers at smaller employers are not without recourse under state and local law.