Sexual Harassment · California & New York
Gender-Based Harassment Attorney
Dealing with a gender-based harassment issue? Our California & New York employment attorneys can help you get the compensation you deserve.
Free Case ReviewCommon Gender-Based Harassment Scenarios
Your Employment Rights in California & New York
If you have experienced gender-based harassment, both California and New York law provide strong protections. You may be entitled to:
- Back pay and lost wages recovery
- Compensatory damages for emotional distress
- Punitive damages in cases of egregious conduct
- Attorney's fees and litigation costs paid by the employer
Gender-Based Harassment FAQ
Is gender-based harassment different from sexual harassment?
Yes. Gender-based harassment involves hostile or demeaning conduct directed at someone because of their gender but is not necessarily sexual in nature. Examples include sexist remarks, gender-based hazing, hostility toward women in male-dominated fields, and anti-masculine or anti-feminine bullying. Under Title VII, FEHA, and New York law, gender-based harassment is equally illegal as sexually explicit harassment.
Can men be victims of gender-based harassment?
Absolutely. Men can face harassment for not conforming to masculine stereotypes, for working in traditionally female-dominated roles, or simply because of gender-based hostility. The Supreme Court in Oncale v. Sundowner confirmed that same-sex harassment is actionable. California and New York law protect all genders from gender-based workplace harassment.
How do I prove gender-based harassment that is not sexual?
Document the hostile conduct and demonstrate it was directed at you because of your gender. Comparator evidence is powerful — showing that employees of a different gender were not subjected to the same treatment. Gendered language, exclusion patterns, and differential enforcement of workplace standards all support a gender-based harassment claim.
What should I do if my employer dismisses my gender-based harassment complaint?
File a formal written complaint to create a record. If HR or management dismisses it, file with the DFEH/CRD (California), DHR (New York), or EEOC. Under both CA and NY law, retaliation for complaining about gender-based harassment is independently illegal. An employment attorney can help you navigate the process and protect your rights.
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