Gender Discrimination at Work: What Are Your Options?

You give your best every day—only to be overlooked, underpaid, or dismissed with phrases like “you’re not aggressive enough” or “he’s just more of a leader.” When decisions start feeling personal and patterns become hard to ignore, you may be wondering: Is this gender discrimination? And what can I do about it?

If you’re facing gender discrimination at work, you’re not alone—and you have more legal power than you think.

What Is Gender Discrimination in the Workplace?

Gender discrimination happens when an employee is treated unfairly based on their gender, gender identity, or gender expression. It affects hiring, pay, promotions, training, job assignments, and even terminations.

Examples include:

• Being passed over for promotions in favor of less qualified men
  
• Pay gaps between male and female employees in the same role
  
• Dismissive comments rooted in gender stereotypes
  
• Hostile environments or harassment based on gender
  
• Policies or practices that disproportionately disadvantage a specific gender

This type of treatment isn’t just offensive—it’s illegal. And if you’ve experienced it, it may be time to speak with a gender discrimination lawyer near you to understand your legal rights and next steps.

 

Your Legal Protections Under Federal and NJ Law

You are legally protected against gender-based mistreatment at both the federal and state level.

Federal Protections:

• Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex
  
• The Equal Pay Act requires men and women in the same workplace to receive equal pay for equal work

New Jersey Protections:

• The New Jersey Law Against Discrimination (NJLAD) goes even further—protecting gender identity and expression, and applying to all employers (even those with fewer than 15 employees)

 

Protection	Title VII (Federal)	NJLAD (New Jersey)
Covers Employers With	15+ employees	1+ employees
Covers Gender Identity & Expression	No (not explicitly)	Yes
Available Remedies	Back pay, reinstatement, attorney fees	Broader damages, including emotional distress
Time to File a Complaint	180–300 days	Up to 2 years

How Gender Discrimination Shows Up at Work

Many forms of discrimination are subtle—and easily dismissed by employers unless carefully documented.

You may be facing gender discrimination if:

• You’re consistently paid less than male colleagues with similar roles
  
• Your ideas are ignored in meetings, then repeated by male coworkers and praised
  
• You’re excluded from projects, leadership tracks, or decision-making roles
  
• You receive biased feedback based on gender stereotypes (“too emotional,” “not assertive enough”)
  
• You’re penalized or dismissed after reporting these issues

Don’t second-guess yourself. If any of this resonates, it’s worth getting a professional evaluation. Book your consultation with an employment discrimination attorney to get clarity on whether your experience is legally actionable.

 

What Are Your Options If You’ve Experienced Gender Discrimination?

Once you recognize what’s happening, you have several paths forward. Each step increases your chances of being heard and protected.

Your options include:

1. Internal Reporting:
   • Report the behavior to HR, your manager, or your company’s ethics hotline
     
   • Document everything—emails, reviews, comments, and responses
2. Filing a Formal Complaint:
   • Submit a claim with the EEOC (Equal Employment Opportunity Commission)
     
   • In NJ, you can also file with the Division on Civil Rights under the Attorney General
3. Legal Action:
   • Work with a gender discrimination lawyer to file a lawsuit
     
   • You may be entitled to compensation for lost wages, emotional harm, and punitive damages

 

Why Hire a Gender Discrimination Lawyer?

You don’t have to navigate this alone. The legal process can be intimidating—especially when you’re still dealing with the emotional impact of discrimination.

A specialized attorney can:

• Evaluate whether your experience meets the legal threshold
  
• Handle all communications with your employer or their legal team
  
• Secure documents, witness testimony, and expert analysis to support your case
  
• Maximize your potential recovery through negotiation or litigation

Swartz Swidler has helped countless employees reclaim their confidence, careers, and compensation after facing gender discrimination in New Jersey workplaces.

 

Conclusion: You Deserve Fairness—and You Have Legal Options

Gender discrimination may be common, but it’s never acceptable. You deserve to work, lead, and earn based on your talent—not your gender. If you suspect you’ve been mistreated, it’s time to explore your legal options.

Speak with a New Jersey gender discrimination lawyer today and get your personalized legal plan.