A great many of our cases involve discrimination and retaliation. We are heavily involved in cases of discrimination based on race, disability, gender, national origin, and ethnicity.
Sexual Orientation Discrimination and Gender Identity Discrimination
Sexual Orientation discrimination is the unlawful practice of treating an individual differently based on their sexual orientation, gender identity, or partnership status. Sexual orientation discrimination in the workplace is especially egregious and can raise several privacy issues. Some examples of workplace discrimination based on sexual orientation are homophobic “jokes” or comments, preference in promotion or pay raises for non-LGBTQ employees over LGBTQ employees, harsh treatment or termination of LGBTQ who have “come out,” questions regarding one’s sexual orientation by a supervisor or at an interview, etc. While isolated incidents or comments would not rise to the level of sexual orientation discrimination, workplace harassment based on sexual orientation is unlawful conduct. Additionally, a 2001 New Jersey case held that gender dysmorphia was considered a disability.1 Therefore, an employer would be acting unlawfully if they failed to give a transgender employee who was transitioning a reasonable accommodation.2
The New Jersey Law Against Discrimination
The New Jersey Law Against Discrimination (“LAD” or “NJLAD”) (N.J.S.A. § 10:5-12) protects employees who have been harassed, terminated, or mistreated in their employment in any way because of their sexual orientation or gender identity. The LAD prohibits discrimination in employment, housing, public accommodations, and contracting based on a wide range of characteristics, including “marital status, civil union status, domestic partnership status, affectional or sexual orientation, [and] gender identity or expression.” (N.J.S.A. § 10:5-12). Thus, transgender individuals, as well as gays, lesbians, and bisexuals are afforded protection from unlawful discrimination under the LAD.
Because lesbian, gay, bisexual, and transgender employees belong to protected classes, it is unlawful for an employer to ask an applicant or employee their sexual orientation or gender identity. Additionally, it does not matter whether or not an employee is actually lesbian, gay, bisexual, or transgender, as it is unlawful to for an employer to make a job-related action based on an employee’s perceived sexual orientation or gender identity.3
Title VII of the Civil Rights Act of 1974
While sexual orientation is not a protected class under federal law, LGBT victims of discrimination may also be granted relief if they can establish that the discrimination was based on gender, or “sex stereotyping.”4 For example, a plaintiff would be able to prevail if they were harassed or mistreated for acting too “masculine” or “feminine,” or not feminine or masculine enough.
Do you believe you have been treated unfairly on account of your sexual orientation or gender identity? It’s important to act quickly to find out if you may have a claim under the New Jersey Law Against Discrimination. Since every situation is different, only an experienced New Jersey employment attorney can help you fully understand your rights under the New Jersey Law Against Discrimination.
The attorneys at Hyderally & Associates are ready to help you. They have experience working with state and federal discrimination laws, so they can review your situation to provide information that will help you decide if you would like to pursue a claim against your employer under the New Jersey Law Against Discrimination. Call an experienced employment attorney in New Jersey at (973) 509-8500.
This article is for informational purposes only. It does not constitute legal advice, and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts. This article may constitute attorney advertising. This article is not intended to communicate with anyone in a state or other jurisdiction where such an article may fail to comply with all laws and ethical rules of that state or jurisdiction.
- 1 Enrique v. W. Jersey Health Sys., 342 N.J. Super. 501 (App. Div. 2001).
- 2 Id.; See also Robyn B. Gigl, CJ Griffin, It's Not Just A Job-LGBT Workplace Issues, N.J. Law., June 2013, at 76, 78.
- 3 It's Not Just A Job, supra, at 77.
- 4 Id. at 78.