Your gender has nothing to do with how well you perform your job. But when your employer makes decisions about your pay, your promotions, or your continued employment based on your sex, gender identity, or gender expression, those decisions may violate federal and state law.
Buffalo gender discrimination lawyers at Greenberg Gross LLP represent employees throughout Western New York who have experienced unequal pay, wrongful termination, harassment, denial of promotions, and other adverse actions rooted in gender-based bias. Our trial attorneys fight to hold employers accountable and pursue the full remedies available under the law.
If you are facing workplace discrimination based on your gender, call Greenberg Gross LLP at (716) 819-8189 for a free and confidential consultation.
Why Choose Greenberg Gross LLP for Your Gender Discrimination Claim in Buffalo
Gender discrimination cases often pit individual workers against employers with deep pockets and aggressive legal teams. You need attorneys who match that level of preparation and who are willing to take your case to trial if that is what a fair result requires.
Proven Results in Employment Cases
Our attorneys have secured a $6.1 million whistleblower retaliation judgment and a $10 million settlement for breach of oral contract, among many other significant outcomes for employees. Prior results do not guarantee a similar outcome.
A Firm Built for Trial
Greenberg Gross was founded by trial lawyers who left one of the world's largest law firms to build a practice dedicated to high-stakes litigation. We prepare every case with the expectation that it may go before a jury, giving our clients experienced advocates ready to litigate when necessary.
A National Firm with a Local Office in Buffalo
With offices in Buffalo, New York City, Los Angeles, Las Vegas, Newark, Boston, and our headquarters in Costa Mesa, California, we bring sophisticated legal resources to Western New York while providing direct, one-on-one communication from our downtown office at 1 Seneca Street near Niagara Square and the Erie County courthouse.
Driven by a Sense of Purpose
We opened our doors with a mission, and that mission drives everything we do. Gender discrimination affects your income, your career trajectory, and your dignity. We approach every case with that understanding.
You do not have to face a well-funded employer on your own. Call (716) 819-8189 or (855) 255-5515 for a free, confidential consultation with a trial-tested workplace discrimination attorney.
What Laws Protect Buffalo Workers from Gender Discrimination?
Federal and New York State laws work together to prohibit gender-based discrimination in the workplace. Each law covers different employers, offers different remedies, and follows different procedures for filing a claim.
Federal Protections Against Gender Discrimination
Several federal statutes address sex and gender discrimination for employees in the Buffalo area:
- Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating based on sex, which federal courts have interpreted to include gender identity and sexual orientation.
- The Equal Pay Act of 1963 requires employers to pay men and women equally for substantially equal work performed under similar conditions.
- The Pregnancy Discrimination Act amends Title VII to prohibit discrimination based on pregnancy, childbirth, or related medical conditions.
These federal statutes set the baseline, but New York State law extends protections even further for workers in Erie County and across the state.
New York State Human Rights Law
The New York State Human Rights Law (NYSHRL) provides broader coverage than federal law in several ways that benefit employees facing gender-based discrimination:
- The NYSHRL applies to employers with four or more employees, reaching many smaller businesses that fall outside federal jurisdiction.
- Protected categories explicitly include sex, gender identity, gender expression, and sexual orientation.
- New York does not impose a cap on compensatory damages in discrimination cases, unlike the federal system.
- Under Executive Law Section 296, employers may face liability for facially neutral policies that disproportionately affect a protected group. Proving a disparate impact claim requires specific legal analysis, but it does not require evidence of discriminatory intent.
These layered protections give workers in Western New York multiple legal paths for challenging gender discrimination in the workplace. This general information is not a substitute for legal advice tailored to your specific situation.
What Does Gender Discrimination Look Like at Work?
Gender discrimination takes many forms, and it does not always look like an obvious firing or a blatant comment. It often shows up in patterns that accumulate over months or years, making it harder to identify without experienced legal guidance.
Unequal Pay for Equal Work
Pay disparities between men and women performing substantially similar roles remain one of the most common forms of gender discrimination. If you receive lower compensation than a colleague of a different gender who performs the same duties under similar conditions, you may have a claim under both the Equal Pay Act and the NYSHRL.
Denial of Promotions or Advancement Opportunities
Being passed over for a promotion, a leadership role, or a high-visibility assignment in favor of a less qualified colleague of a different gender may reflect discriminatory decision-making. These patterns frequently emerge across multiple employment decisions rather than a single event.
Pregnancy and Caregiver Discrimination
Employers who penalize workers for pregnancy, parental leave, or caregiving responsibilities may violate both federal and New York law. Common examples include negative performance reviews following a pregnancy announcement, denial of accommodations, and termination during or shortly after parental leave.
Hostile Work Environment Based on Gender
A hostile work environment claim involves repeated conduct that is severe or pervasive enough to interfere with your ability to perform your job. This may include sexual comments, gendered insults, unwelcome advances, or other behavior directed at your sex or gender identity. A single incident does not usually support a claim, but a sustained pattern of conduct might.
Retaliation for Reporting Discrimination
Both federal and New York law prohibit employers from retaliating against workers who report gender discrimination, file a formal complaint, or cooperate with an investigation. Retaliation may take the form of termination, demotion, reassignment, exclusion from projects, or other adverse employment actions following your protected activity.
If your experience involves any of these situations, the central question is whether your employer's actions were motivated by your gender. That is what a gender discrimination attorney works to uncover and prove.
Where Do You File a Gender Discrimination Claim in Buffalo?
Filing a gender discrimination claim involves choosing between multiple agencies and legal paths, each with distinct deadlines and procedural requirements. The right choice depends on the facts of your case, the size of your employer, and the remedies you are pursuing.
Filing Options for Buffalo Workers
New York State Division of Human Rights (DHR)
The New York State Division of Human Rights enforces the New York State Human Rights Law (NYSHRL). You must file a complaint within one year of the most recent discriminatory act. The DHR investigates claims, may offer mediation, and can hold administrative hearings. Filing with the DHR generally waives your right to pursue the same state-law claims in court.
New York State Court
You may file a gender discrimination lawsuit directly in New York State court, including Erie County Supreme Court, without first going through an administrative agency. The statute of limitations is three years from the discriminatory act. This option allows you to seek a jury trial and pursue the full range of remedies, including punitive damages.
U.S. Equal Employment Opportunity Commission (EEOC)
The EEOC enforces federal anti-discrimination laws such as Title VII. In most cases, you must file a charge within 300 days of the discriminatory act. The EEOC and DHR have a work-sharing agreement, which means your claim may be cross-filed to help preserve both federal and state rights.
Equal Pay Act Claims
For pay discrimination claims under the Equal Pay Act, you may file a lawsuit directly in federal court without first filing with the EEOC. The statute of limitations is two years, or three years if the violation was willful.
What Damages May Be Available in a Buffalo Gender Discrimination Case?
If your employer violated anti-discrimination laws, you may be entitled to several forms of recovery. The specific remedies depend on which statutes apply and the particular facts of your situation.
Employees who prevail in gender discrimination cases may recover:
- Back pay for lost wages and benefits from the date of the adverse action through the resolution of the case
- Front pay for projected future earnings when returning to the same position is not practical
- Compensatory damages for emotional distress, mental anguish, and harm to professional reputation, with no cap under the NYSHRL
- Punitive damages in cases involving especially egregious or willful conduct, available through court proceedings but not through the DHR
- Attorney's fees and litigation costs to help offset the financial burden of pursuing a claim
For Equal Pay Act claims, you may also recover liquidated damages equal to the amount of back pay, effectively doubling your monetary recovery. The range of available remedies reinforces why choosing the right filing path and the right legal team matters from the beginning of your case.
Ask Greenberg Gross
How do I know if I have a gender discrimination case?
If your employer made an adverse employment decision, such as firing, demoting, denying a raise, or reducing your pay, and your gender, gender identity, or gender expression played a role in that decision, you may have a claim. An attorney reviews the facts, examines the evidence, and evaluates whether your circumstances meet the legal standard for discrimination under federal or New York law.
What if my employer pays men and women differently for the same job?
Pay disparities based on gender may violate both the Equal Pay Act and the NYSHRL. You do not need to prove that your employer intended to discriminate. If a colleague of a different gender receives higher pay for substantially equal work, the burden shifts to your employer to justify the difference based on factors like seniority, merit, or a bona fide system that measures output.
Can my employer fire me for reporting gender discrimination?
No. Both federal and New York State law prohibit retaliation against employees who report gender discrimination, file a complaint, or participate in an investigation. If your employer terminated you, demoted you, or took other adverse action after you reported discriminatory conduct, you may have a separate retaliation claim on top of your underlying discrimination claim.
Does gender discrimination law in New York protect transgender employees?
Yes. The NYSHRL explicitly protects workers from discrimination based on gender identity and gender expression. Transgender employees in Buffalo and across New York State have the same legal protections against workplace discrimination as any other worker, and employers are prohibited from taking adverse action based on an employee's gender identity or transition.
FAQs for Buffalo Gender Discrimination Lawyers
How long do I have to file a gender discrimination claim in Buffalo?
You have three years from the discriminatory act to file a lawsuit in New York State court under the NYSHRL. Filing with the DHR requires action within one year. Federal claims through the EEOC require filing within 300 days. These deadlines run at the same time, so early consultation with an attorney protects your full range of options.
Do I need to leave my job before filing a gender discrimination claim?
No. You do not need to resign to consult with an attorney or pursue a claim. New York and federal law protect you from retaliation for reporting discrimination while still employed. Remaining in your role often strengthens your position and preserves your income while your case progresses.
What evidence helps prove gender discrimination at work?
Effective cases rely on evidence such as emails, pay records, performance evaluations, witness testimony, and records showing how your employer treated comparable employees of a different gender. A sudden shift in treatment after you engaged in protected activity, such as reporting discrimination or requesting leave, may also strengthen your claim. Your attorney helps you identify and preserve this evidence before it becomes unavailable.
How much does a gender discrimination lawyer in Buffalo cost?
Most gender discrimination attorneys, including Greenberg Gross LLP, handle these cases on a contingency fee basis, meaning you pay no upfront legal fees. Your attorney's fees come from the recovery in your case. If there is no recovery, you typically do not owe attorney's fees, though you may be responsible for certain case-related costs as outlined in your fee agreement.
What if my employer claims the decision was based on performance?
Employers frequently cite performance as the reason for termination, denial of a promotion, or a pay disparity, even when gender played a role. An attorney examines whether the timing, the employer's treatment of comparable colleagues, and the overall context suggest that the stated justification is a pretext for discrimination. Inconsistent explanations, suspicious timing, and disparate treatment of similarly situated coworkers may all undermine an employer's defense.
Talk to an Experienced Buffalo Gender Discrimination Lawyer Today
No one should accept fewer opportunities, lower pay, or a hostile work environment because of their gender. The law offers meaningful protections for employees in Western New York, but those protections only matter if you act before deadlines pass and evidence fades.
Greenberg Gross LLP's trial attorneys represent workers across Erie County from our downtown Buffalo office at 1 Seneca Street. We bring the full weight of a nationally recognized litigation firm to every gender discrimination case, and we are prepared to fight for the outcome you are seeking.
Call (716) 819-8189 or (855) 255-5515 today for a free, confidential consultation with a Greenberg Gross employment attorney. Your workplace rights matter, and so do you.