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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.

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Common Gender-Based Harassment Scenarios

Male coworkers make demeaning comments about women's capabilities or intelligence in your field
You are excluded from meetings, projects, or networking events because of your gender
Supervisors hold you to different standards than colleagues of a different gender
Coworkers use gendered slurs or make hostile comments about your gender identity or expression
You are subjected to hazing or bullying that targets your gender

What You Can Recover in a Gender-Based Harassment Case

If you have experienced gender-based harassment, California and New York law give sexual harassment victims real remedies. Depending on the facts of your case, you may be entitled to:

  • Back pay and lost wages caused by the gender-based harassment
  • Compensatory damages for the emotional distress it caused you
  • Punitive damages where the employer's conduct was egregious
  • Attorney's fees and litigation costs — most employment statutes shift these to the employer when you win

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.

Other Sexual Harassment Claims We Handle

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