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Issues
Our work includes affirmative litigation, legislative reform, policy advocacy, community outreach, and legal training about the problem of gender-based discrimination and how communities can help fight such bias. We also provide "know your rights" materials to vicitms of gender-based discrimination, represent some of these individuals and connect others to qualified pro bono counsel.
Requesting family leave can be fraught with anxiety even for those employees who work for an employer covered by the FMLA or other company policies. This is never more true than when a female worker is pregnant and is looking for a way to tell her employer she needs time off because of a difficult pregnancy, for childbirth or for baby bonding. If you need to take time off from work to care for yourself or another sick family member and believe you have been discriminated against for asking for and/or taking family leave, call our hotline at (888) 833-4363. Someone from our legal team will be able to speak with you and discuss your situation.
What is Family Leave?
Family leave refers to time employees can take off from work to care for themselves, care for their family members, or bond with a newborn child.
At GELC we believe that for family leave to be meaningful it must:
(1) be mandated by the government and not left to private companies to decide who gets family leave benefits;
(2) create job protection and guarantee an employee's reinstatement after taking such leave; and
(3) be paid to ensure that an employee can take the time off from work without economic harm.
The National Landscape
Currently, the United States has no national paid family leave law or program - a significant departure from the rest of the industrialized world. Employees who work for employers with 50 or more employees (a little more than half of all employers in the U.S.) are eligible for up to 12 weeks of family leave per year after they have worked 1,250 hours (or approximately one year). However, this leave is unpaid, making it extremely difficult for lower income employees to take any or all of such leave time.
In New York State
In 2016, Governor Cuomo signed into law one of the most robust family leave laws in the nation. Effective January 1, 2018, nearly every New Yorker will be entitled to paid family leave under New York State's Paid Family Leave Insurance Act (PFLIA). Find out what you need to know about the law here.
RESOURCES & LINKS
ADDITIONAL INFORMATION
Family and Medical Leave Act Regulations
It is against the law for an employer, school, bank, credit lender or landlord to deny you opportunities or benefits because of your status as a pregnant woman or your desire to have children in the future. GELC provides free legal services to those who have been discriminated against because of their pregnancy in employment and education. If you believe you have been discriminated against and wish to speak with someone from our legal team call our Hotline at (888) 833- 4363.
This section focuses on pregnancy discrimination in the area of employment. Pregnancy discrimination is against the law under federal, state and local laws. While laws differ in their scope and requirements it is unequivocal and nearly without exception that a woman cannot be discriminated against because she is or is considering becoming pregnant. This means she cannot be treated less well than similarly situated non-pregnant women or men in a term or condition of her job. Barring other protections under other laws, a pregnant woman, or woman who is recovering from childbirth, cannot be denied protected time off from work if other non-pregnant employees are given such leave. Until fairly recently, pregnant women were only entitled to be treated equally to non-pregnant employees. The law however has developed and become more expansive. Under federal law and most state and local laws, pregnant women are entitled to be accommodated because they are pregnant, including, but not limited to job modifications, schedule changes, flex time and even time off from work.
The Federal Pregnancy Discrimination Act (“PDA”)
The PDA promises the equal treatment of pregnant women as compared to ‘similarly situated’ non-pregnant women and men in the workplace. An employer cannot treat an employee differently than her co-workers who are doing the same or similar jobs, or who have the same employee benefits as her, because she is pregnant. Moreover, the employer cannot assume a pregnant is unable to work because she is pregnant. It is against the law to fire a pregnant employee because of an employer’s concerns about the employee’s health and safety or that of her unborn child when performing certain types of work. At the same time, if safety precautions are used by non-pregnant employees, e.g. equipment or uniforms, adjustments must be made so that a pregnant employee can remain on the job. For example, when police officers must wear bullet proof vests, a police force cannot legally refrain from offering similar vests to pregnant officers, even though larger vests may need to be purchased.
The PDA also prohibits stereotyping against pregnant workers. For instance, evaluating a pregnant worker's performance differently than a similarly situated non-pregnant female or male employee. It is illegal to assume pregnant employees are less dedicated to their jobs, more emotional, or less able to do their jobs. It is also illegal to assume that women do not want to return to work after having children. Employers cannot make decisions about an employee's job, compensation or future with the employer based on her having been or thinking about becoming pregnant. Employers may not criticize and/or harass a pregnant employee because of her size or difficulty maneuvering in the workplace.
Reasonable Accommodations
Under the PDA, certain accommodations may be required for pregnant women if similar accommodations are offered by an employer to their non-pregnant employees. The PDA only covers employers with 15 or more employees.
Examples of Pregnancy Accommodations Include:
- Sitting, instead of standing, during the workday
- Carrying a water bottle
- Taking more frequent breaks to use the restroom, have a snack, or rest
- Receiving assistance with heavy lifting
- Working a modified or part time schedule
- Taking leave
The Americans with Disabilities Act, Amendment Act ("ADAAA")
The ADAAA requires that pregnancy be treated similarly to other "disabling conditions," meaning that a pregnant employee may be able to request and be granted a reasonable accommodation on the basis of her pregnancy, pregnancy-related condition, or post childbirth recovery. In order to be entitled to a reasonable accommodation under the ADAAA, an employee must be able to show that they have a “disability,” as defined by the ADAAA, even if this disability is time- limited. Accommodations may be as simple as reassigning job duties, reducing heavy lifting, having a chair to sit in, or more extensive, such as giving an employee a temporary leave of absence.
Most pregnant women can continue safely working during pregnancy and typically want and need to for economic reasons. Many employers recognize that it is in their best interests to accommodate pregnant employees so they can stay on the job. But many others do not. In our experience representing pregnant women in discrimination cases is that when a woman announces to her employer that she is pregnant to her employer – even before she needs any type of accommodation or mentions the issue of a maternity leave – outdated stereotypes about the role of women at work and her commitment to her family emerge. We regularly work on half of women who found their reliability questioned and evaluations of their worth to the company severely downgraded after announcing they are pregnant.
Pregnancy Discrimination in New York State and New York City
Many State and Local laws provide even more expanisve rights for pregnant women. For instance, in New York City, employers may be required to accommodate the needs and limitations of pregnant workers without having to prove their limitationsrise to the level of a medical disability. In fact, under NYC's broad civil rights scheme, employers with four or more employees are required to accommodate a pregnant workers' normal bodily restrictions as relates to her pregnancy unless it can prove an undue hardship to the business.
Expressing Breast Milk at Work
Under the Fair Labor Standards Act ("FLSA"), nursing mothers are entitled to break time to express milk at work.
Employers are required to provide reasonable break time to an employee to pump breast milk for one year after the birth of a child. Employers are required to provide a place that may be used by an employee to pump milk that is not a bathroom, and is out of view and free from intrusion from coworkers and the public. Employers are required to provide a reasonable amount of break time to express milk as needed by the nursing mother, the duration and frequency of which can vary. The location provided must be functional as a space for expressing breast milk, and if not dedicated solely to the nursing mother’s use, it must be made available when needed in order to meet the requirement.
Employers with fewer than 50 employees are not subject to the FLSA break time requirement if compliance with the provision would impose an undue hardship. Whether compliance would be an undue hardship is determined by looking at the difficulty or expense of compliance for a specific employer in comparison to the size, financial resources, nature, and structure of the employer’s business. All employees who work for the covered employer, regardless of their work site, are counted when determining whether this exemption may apply.
Employers are not required under the FLSA to compensate nursing mothers for breaks taken to express milk. However, where employers already provide compensated breaks, an employee who uses that break time to express milk must be compensated in the same way that other employees are compensated for break time.
Some states, like New York, provide greater protections to employees, for example, by providing compensated break time, providing break time for exempt employees and providing break time beyond 1 year after the child’s birth.
What do I do if I Have Been Discriminated Against Because of My Pregnancy?
If you are pregnant and need an accommodation, e.g. a job modification to continue doing your job, or if you have complications related your pregnancy and you don’t know how or are afraid to approach your employer to ask for accommodations or leave, you can call our Hotline at (888) 833-4363. Someone from our legal team will be able to provide you with initial advice on how to request such accommodation and/or to review any legal claims if you have been denied a legitimate requested accommodation.
RESOURCES & LINKS
Pregnancy Discrimination Act of 1978NYC Reasonable Accommodation
Pregnancy Discrimination in New York State
ARTICLES & DOWNLOADSGuide to PregnancyDiscrimination in EmploymentEEOC Guidance: Pregnancy Discrimination and Related IssuesNYCCHR Guidance: Discriminationon the Basis of Pregnancy
LESBIAN, GAY, BISEXUAL, TRANSGENDER & QUEER {LGBTQ} Definitions | New York State Laws | New York City Laws
Despite recent advances, people in this country are still being fired, harassed and targeted at work because they are LGBTQ. If you’ve been discriminated against because of your sexual orientation, gender identity, or gender expression (in hiring, firing, promotion, benefits, or work conditions), you have rights. Call our hotline at (888) 833-4363 and someone from our legal team will be able to speak with you and discuss your situation.
There has been progress over the past twenty years in the legal landscape and in the evolution of social opinions and attitudes related to an individual’s sexuality, gender identity, and gender expression. Nonetheless, members of the LGBTQ community still suffer pernicious and blatant gender bias in all areas of public and private life, including housing, employment, opportunities in academic settings, in the ability to buy goods and services, and in the opportunities to participate meaningfully in our society's decision making processes.
There is a growing number of laws around the country being enacted under the guise of religious freedom that curtails – even eliminates – the rights of LGBTQ individuals. Furthermore, homophobia and discomfort with individuals who do not conform to antiquated stereotypes of sex and gender often manifests into heinous discrimination against these individuals. Nearly 41% of gay and lesbian adults face some form of hostility or harassment on the job, including being fired or forced to quit because of their sexual orientation.
Although federal laws protect people from workplace discrimination on the basis of sex, race, national origin, religion, age, and disability, there is no federal law that specifically outlaws workplace discrimination on the basis of sexual orientation by private employers. However, over the years, there has been more legal support for finding that Title VII's prohibition against "sex" discrimination also covers sexual orientation discrimination. The reasoning is that sexual orientation discrimination necessarily involves gender-based stereotypes of how men and women should behave and with whom they should be in romantic relationships.
There is more definitive protection offered at the state level. More than 20 states and the District of Columbia have laws that expressly prohibit sexual orientation discrimination in private jobs. If you identify as an LGBTQ individual and your state does not have a law that protects you from workplace discrimination, you may still be protected by city and county ordinances. New York City, for instance, has broad protections against discrimination on the basis of sexual orientation, and strongly prohibits discrimination on the basis of gender identity and/or gender expression. Similarly, New York State, which recently passed the Gender Expression Non-Discrimination Act (GENDA), deems gender identity and gender expression a protected class under the State's human rights and hate crimes laws.
Coalitions and advocates at the federal level are working toward passing the proposed Equality Act, which would provide consistent and explicit non-discrimination protections for LGBTQ people by including sexual orientation and gender identity as protected statuses under the Civil Rights Act of 1964, among other federal laws.
GELC strongly supports the passage of The Equality Act, which would prohibit discrimination in employment, housing, education, public spaces and other areas.
LAWS & LINKS
Addressing Sexual Orientation and Gender Identity Discrimination
in Federal Civilian Employment
EEOC Protections for LGBT Workers
The Gender Expression Non-Discrimination Act (GENDA)
RESOURCES
ARTICLES & DOWNLOADS
A Practitioner’s Resource Guide: Helping Families to Support Their LGBT Children
Even when women have the educational background, same seniority or work experience, they are often paid less than their male counterparts. This inequity exists at all levels of employment. Fair pay legislation provides an important tool for remedying this inequity, but more transparency is needed to ensure that employers are following the law and treating workers fairly.
Factors that Contribute to the Gender Wage Gap
Women are paid less than men in nearly every occupation for the same work
Women are segregated into female-dominated jobs that typically pay less than male-dominated jobs
but require similar skill
Widespread pay secrecy policies prevent workers from discovering disparities
Discrimination relating to pregnancy and caregiving responsibilities depresses women’s pay
Wage theft (e.g., being paid less than the minimum wage or being forced to work off the clock) takes a hard hit on women, who comprise two-thirds of the minimum wage earners in this country.
Title VII of the Civil Rights Act vastly improved the principle of equal pay for equal work by covering forms of gender-based discrimination affecting women’s earnings. Title VII outlawed sex- based discrimination at all stages and in all aspects of employment, including hiring, promotion, and termination, enabling women to tackle a key contributor to the gender wage gap: their exclusion from higher-paying jobs and from certain industries. Under Title VII, an employee can challenge not only unequal pay between men and women, but also discriminatory practices that lead to unequal compensation, such as steering women to lower-paid jobs or maintaining “glass ceilings.”
Pay Equity in New York State and New York City
Many State and Local laws provide enhanced protections against pay discrimination and further the goal of closing the gender wage gap. For instance, New York State goes further to ensure that no employee is paid a wage at a rate less than that of an employee of the opposite sex in the same establishment for equal work. In New York City, as of October 31, 2017, employers are prohibited from asking a job applicant about their salary history.
GELC provides free legal services to those who have experienced gender-based discrimination in the workplace. If you you wish to speak with a member of our legal team about an equal pay issue at work, call our Hotline at (888) 833-4363.
Through the Equal Pay Act of 1963 ("EPA"), men and women are entitled to equal pay for equal work in the same establishment. The jobs need not be identical, but they must be substantially equal. The EPA provides that employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment.
RESOURCES & LINKS
Equal Pay Act of 1963
The Equal Pay Act is a federal law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex. The EPA provides that employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment.
New York's Achieve Pay Equity Law
Ensuring Equal Pay helps women receive the wages they are entitled to by prohibiting employers from paying employees disparate amounts due to gender. The Acheive Pay Equity law prohibits employers from paying women less than men for performing the same work.
The Federal Paycheck Fairness Act (Proposed)
The Paycheck Fairness Act is pending legislation that would help end wage discrimination by making it harder for all employers to pay women less for the same work, ban retaliation against employees who talk about their pay, and require that employers who break the law fairly compensate the women they've discriminated against. Click here to tell Congress to support the Paycheck fairness act.
ARTICLES & DOWNLOADS Fact Sheet: Guidance on Pay Equity for Employers in New York State
It is against the law for an employer to deny you opportunities or benefits because of your gender. Sexual harassment is a type of gender discrimination, and is covered by federal, state and local laws. GELC provides free legal services to those who have been discriminated against because of their sex or gender in employment and education. If you believe your rights have been infringed because you are subjected to sexual harassment at work and wish to speak with someone from our legal team call our Hotline at (888) 833- 4363.
What is Sexual Harassment?
There are two broad categories of harassment based on gender, neither of which is permitted in any form. The more obvious type is called quid pro quo harassment. This conduct usually occurs when an employer or supervisor offers to trade an employment benefit for some kind of sexual favor.
The more subtle and common type of sexual harassment is called a hostile work environment. Sexual harassment in the workplace is unwelcome gender-based hostility or the existence of a sexualized work environment on the basis of an employee’s gender. The harassment can create an intimidating, hostile or offensive environment, or interfere with job performance. Actions are not necessary, verbal, physical or pictorial harassment can constitute sexual harassment.
Despite these protections, sexual harassment victims still face tremendous hurdles in accessing and exercising their civil rights in the workplace. Often victims believe they must put up with or respond positively to the behavior to keep their job, get hired, or be promoted.
New York State Law Prohibits All Forms of Gender Discrimination
Both quid pro quo and hostile work environment harassment are forbidden by New York state law. The New York State Human Rights Law (NYSHRL) protects workers from unlawful discrimination based on age, race, sexual orientation, gender, and many other personal characteristics. Since sexual harassment is a type of gender discrimination, it is covered by the NYSHRL.
One benefit that the NYSHRL holds over federal legislation, which covers only employers with 15 or more employees, the state law applies to employers with even a single worker. This change is significant, since more than 60 percent of the New York State’s private employers have fewer than four employees. This ensures that more New York employees are protected from sexual harassment.
New York City Law Prohibits Discrimination on the Basis of Gender
Under the New York City Human Rights Law (NYCHRL), gender-based harassment covers a broad range of conduct and occurs when an individual is treated less well on account of their gender. Gender-based harassment can include unwanted sexual advances or requests for sexual favors; however, the harassment does not have to be sexual in nature.
Furthermore, gender-based harassment can be a single or isolated incident or repeated acts or behavior. Unlike the “severe or pervasive” standard in federal sexual harassment cases, while the severity or pervasiveness of the harassment is relevant to damages, the existence of differential treatment based on gender is sufficient under the NYCHRL to constitute a claim of harassment.
Employees are also protected against same-sex sexual harassment in the workplace which violates federal, New York State and New York City law.
If you believe your rights have been infringed because you are subjected to sexual harassment at work and wish to speak with someone from our legal team call our Hotline at (888) 833- 4363.
RESOURCES & LINKS
GUIDANCE ON SEXUAL HARASSMENT FOR ALL EMPLOYERS IN NEW YORK STATE
The New York State Division of Human Rights' guidance on sexual harassment provides statutory requirements under New York Human Rights Law § 296.1 including guidelines on retaliation, effective sexual harassment policies and employer liability.
Guidance on the Discrimination on the Basis of Gender Identity or Expression
The New York City Commission on Human Rights is the agency charged with enforcing the New York City Human Rights Law. The NYCHRL prohibits sexual harassment because it is a form of gender-based discrimination and/or sexual orientation discrimination.
GELC advocates for the rights of employees to be free of discrimination in the workplace on the basis of their gender, gender identity, gender expression and/or sexual orientation and related stereotypes.
Gender stereotypes are harmful. GELC works to help society confront outdated, often iimplicit stereotypes that limit opportunities for women and members of the LGBTQ community.
GELC utilizes education and the law to help victims of intimate partner violence, sexual offenses and stalking keep their jobs, be free of discrimination and retain other benefits.
GELC seeks to empower the next generation of young women and female-identified youth through recognizing their voices and stories as well as educating them about their legal rights as they enter into adulthood.
