New Jersey employees are protected from workplace discrimination based on sexual orientation, gender identity, and gender expression. Under the New Jersey Law Against Discrimination (LAD), employers in Mullica Township cannot use these protected characteristics when making decisions about hiring, termination, compensation, promotions, assignments, benefits, or other terms and conditions of employment.
These protections apply whether an employee’s sexual orientation, gender identity, or gender expression is actual or merely perceived by an employer, supervisor, or coworker.
Sexual Orientation and Gender Identity Protections Under the LAD
The LAD protects employees against discrimination involving sexual orientation and gender identity or expression. An employer cannot lawfully treat an employee or applicant differently because the person is, or is perceived to be:
- Heterosexual – Attracted to people of a different gender
- Gay or lesbian – Attracted to people of the same gender
- Bisexual – Attracted to more than one gender
- Transgender – Having a gender identity that differs from the sex assigned at birth
- Gender nonconforming or gender diverse – Expressing or presenting gender in a way that does not conform to an employer’s expectations or stereotypes
Protection does not depend on whether an employer correctly identifies an employee’s sexual orientation or gender identity. Discrimination based on assumptions, rumors, stereotypes, or perceived LGBTQ+ status may also violate New Jersey law.
Examples of Sexual Orientation Discrimination at Work
Discrimination can affect almost every aspect of employment. Employers in Mullica Township may violate the LAD when they take actions such as:
- Refusing to hire a qualified applicant because of sexual orientation, gender identity, or gender expression
- Firing or laying off an employee because the employee is LGBTQ+ or is perceived to be LGBTQ+
- Denying promotions, desirable assignments, training, or advancement opportunities because of bias
- Paying an employee less or providing inferior benefits because of sexual orientation or gender identity
- Applying disciplinary policies more harshly to LGBTQ+ employees than to similarly situated coworkers
- Excluding an employee from meetings, client interactions, projects, or workplace opportunities because of their identity
- Using stereotypes about sexual orientation or gender expression when evaluating an employee’s professionalism or ability to perform a job
- Permitting a hostile work environment involving anti-LGBTQ+ insults, slurs, jokes, threats, intimidation, or other discriminatory conduct
An employer does not need to openly admit to discriminatory motives for a legal claim to exist. Patterns of unequal treatment, inconsistent explanations, discriminatory comments, differences in discipline, and the treatment of comparable employees may all be relevant when determining whether unlawful discrimination occurred.
Harassment Based on Sexual Orientation or Gender Expression
Harassment tied to sexual orientation, gender identity, or gender expression may also violate the LAD when the conduct creates an unlawful hostile work environment.
Examples may include repeated anti-LGBTQ+ slurs, offensive jokes, degrading comments, threats, deliberate humiliation, or persistent stereotyping. Harassment may come from supervisors, managers, coworkers, or others who interact with employees in the workplace.
Employers that know or should know about unlawful harassment may have an obligation to take appropriate steps to stop it. Ignoring complaints, allowing discriminatory conduct to continue, or failing to enforce workplace policies can become important issues in an employment discrimination claim.
Discrimination Based on Perceived Sexual Orientation
New Jersey law also protects employees who are targeted because someone incorrectly believes they are gay, lesbian, bisexual, transgender, or otherwise LGBTQ+.
For example, an employee may be treated differently because of their clothing, voice, mannerisms, friendships, relationships, or other characteristics that cause a supervisor to make assumptions about the employee’s sexual orientation or gender identity.
The employer’s assumption does not have to be accurate. What matters is whether that perception contributed to discriminatory treatment.
Retaliation for Reporting Discrimination Is Prohibited
Employees have the right to raise good-faith concerns about discrimination without being punished for doing so. The LAD prohibits retaliation against workers who report discriminatory conduct, participate in an internal investigation, assist another employee with a complaint, or pursue legal rights under anti-discrimination laws.
Retaliation may include:
- Termination
- Demotion
- Reduced hours or compensation
- Undesirable transfers or assignments
- Unjustified disciplinary action
- Negative performance evaluations
- Exclusion from advancement opportunities
- Increased scrutiny after a complaint
- Other employment actions intended to punish an employee for asserting protected rights
A retaliation claim may exist separately from the underlying discrimination claim. An employee may therefore have legal rights when an employer punishes them for making a good-faith complaint even when the employer disputes the original allegations.
Documenting Workplace Discrimination
Employees who believe they are experiencing sexual orientation or gender identity discrimination should consider preserving relevant information. Evidence can become important when determining whether an employer’s stated explanation for an employment decision is legitimate or a pretext for discrimination.
Useful documentation may include:
- Emails and text messages
- Written complaints to supervisors or human resources
- Performance reviews
- Disciplinary notices
- Records concerning promotions or job assignments
- Pay information
- Workplace policies
- Names of witnesses
- Notes identifying discriminatory comments or incidents
- Records showing how similarly situated employees were treated
Employees should also preserve documents showing when discrimination was reported and what occurred afterward, particularly when retaliation may be involved.
Legal Options for Employees in Mullica Township
Workers in Mullica Township who experience discrimination based on sexual orientation, gender identity, or gender expression may have more than one way to pursue a claim.
Potential options include:
- Filing a complaint with the New Jersey Division on Civil Rights (DCR) – A DCR complaint generally must be filed within 180 days of the discriminatory conduct.
- Filing a lawsuit in New Jersey Superior Court – A lawsuit under the LAD may generally be filed within two years of the discriminatory act.
Choosing between an administrative complaint and a court action can affect how a case proceeds. Employees should evaluate their circumstances, available evidence, deadlines, and potential remedies before deciding how to pursue a claim.
Remedies for Sexual Orientation Discrimination
The relief available depends on the circumstances of the case. Employees who establish unlawful discrimination may be able to pursue remedies that address both financial losses and the effect the employer’s conduct had on their employment.
Potential remedies may include:
- Back pay
- Front pay
- Lost employment benefits
- Compensation for emotional distress
- Reinstatement
- Promotion or other equitable relief
- Attorney’s fees and litigation costs
- Punitive damages in qualifying cases
Courts may also order appropriate changes to employment practices or other equitable relief when justified by the circumstances.
Speak With a Mullica Township Sexual Orientation Discrimination Attorney
Employees should not have their careers limited because of their sexual orientation, gender identity, gender expression, or an employer’s assumptions about who they are.
NJ Employment Lawyers, LLC provides legal representation to employees in Mullica Township and throughout New Jersey who have experienced workplace discrimination. Our attorneys evaluate employment records, discriminatory statements, disciplinary decisions, comparator evidence, workplace complaints, and other facts that may establish unlawful treatment under the New Jersey Law Against Discrimination.
We also represent employees who have been retaliated against after reporting discrimination or participating in an investigation.
If you believe your employer denied you a job, promotion, fair compensation, workplace opportunities, or continued employment because of sexual orientation or gender identity, Contact NJ Employment Lawyers, LLC to discuss your circumstances and available legal options.
