In 2020, the Pew Research Center reported that over 72% of Americans approve of homosexuality. This is a marked change from earlier surveys, with approval ratings of under 50% reported as recently as 2007.
It is safe to say, then, that acceptance of LGBTQ individuals has increased dramatically in the past several years. Despite these rapid changes, however, centuries of discrimination have not disappeared overnight. Indeed, sexual orientation discrimination still occurs everywhere, including in the workplace.
If you or a loved one have suffered discrimination due to your sexual orientation, you may be entitled to compensation. Our skilled New Jersey employment attorneys will fight to make sure your employer is held responsible for your damages.
Learn more about how we can help you. Contact NJ Employment Lawyers, LLC today to schedule your consultation.
What is sexual orientation discrimination?
Sexual orientation discrimination concerns discriminatory behavior based on a person’s sexual orientation — particularly for those who fall under the following identities:
- Lesbian
- Gay
- Bisexual
- Transgender
- Queer
- Questioning
- Pansexual
- Asexual
- Intersex
Additionally, this type of discrimination can happen to allies of those in the LGBTQ community. Discrimination on the basis of sexual orientation manifests in many ways. In the workplace, it typically involves any of the following:
- Obtaining employment
- Keeping your job
- Getting a raise
- Relocation
- Layoffs and firing
- Promotions
- Benefits
Discrimination based on sexual orientation can hold a person back in their job and prevent opportunities for career advancement.
Discrimination Also Entails Harassment
Along with general discrimination, harassment is a significant issue in the workplace. Harassment can be physical or verbal. For instance, it might entail using insults, derogatory names, or offensive jokes. It might also involve participating in physical or psychological intimidation or assigning employees with less desirable work tasks.
Often, people receive such negative treatment due to their sexual orientation. This behavior can count as discrimination, which is illegal.
Federal Laws That Protect Against Sexual Orientation Discrimination
Several laws are in place to protect against discrimination in the workplace. In particular, Title VII of the Civil Rights Act of 1964 forbids employers from discriminating against employees or potential employees on the basis of sexual orientation.
Federal law recognizes certain protected classes. A protected class refers to a select group of individuals who share common traits or characteristics, such as race, color, and religion.
Among these protected classes is sex. The law has since expanded to include sexual orientation and gender identity.
New Jersey Laws Regarding Sexual Orientation Discrimination
Only in recent years have states started to implement laws regarding employment discrimination based on sexual orientation. Today, only about half of U.S. states have statutes that explicitly protect individuals from discrimination due to sexual orientation and gender identity. New Jersey is one of them.
The New Jersey Law Against Discrimination (NJLAD) prohibits sexual orientation discrimination in the workplace. More specifically, the NJLAD makes it unlawful for an employer to refuse to hire, fire, or force a person to retire based solely on their sexual orientation.
Taking Action Against Discrimination
If you know or believe you’ve been discriminated against because of your sexual orientation, it’s important to take action. First and foremost, gather any evidence you possibly can. Evidence and documentation can help you strengthen your claim and may be the key to recovering damages.
You must then determine how you’ll proceed with a complaint against your employer. Your actions will depend on your circumstances and the size of the firm you work for.
If you work for a larger company or a governmental agency, you can file a complaint under Title VII. Your report will be processed by the Equal Employment Opportunity Commission (EEOC), the federal agency in charge of workplace discrimination.
If you work for a smaller company, filing your complaint at the state level is usually best. You can file a complaint under NJLAD with the New Jersey Division of Civil Rights (DCR), the state agency in charge of discrimination claims, within 180 days of the discrimination.
Alternatively, you may also seek judicial remedy and file a complaint with the New Jersey Superior Court. Actions in the Superior Court must be filed within two years of the discriminatory action.
Determining what route to take is truly one of the most challenging decisions. With the right assistance from a lawyer, you can be well on your way to resolving your matter.
Hiring an Employment Attorney to Fight for Your Rights
Hiring an employment attorney is entirely your decision, but it is usually the right one. An employment lawyer has the knowledge and skills required to provide insightful direction and guide you toward a favorable outcome.
The attorneys at NJ Employment Lawyers, LLC are passionate about representing clients who have suffered discrimination in the workplace. We have extensive experience assisting people with cases at both the state and federal levels.
We know employment discrimination cases can be difficult, but we never back down from a challenge. Contact us today to request a consultation.