Legal protections under the New Jersey Law Against Discrimination (LAD) make it illegal for employers in Atlantic City to discriminate against workers based on sexual orientation, gender identity, or gender expression. These protections apply to every stage of employment, including hiring, termination, pay, promotions, job assignments, and other employment conditions.
Protections Under the LAD
The LAD applies whether the discrimination is based on actual or perceived identity. Employers in Atlantic City cannot make employment decisions based on:
- Heterosexuality – Attraction to a different gender
- Homosexuality – Attraction to the same gender
- Bisexuality – Attraction to more than one gender
- Transgender status – A gender identity different from the sex assigned at birth
- Gender identity or expression – How a person presents their gender, including appearance, speech, and behavior
These rights exist regardless of how a person identifies or how others perceive them.
Retaliation is Also Prohibited
The LAD also prohibits employer retaliation. If an employee in Atlantic City reports discrimination, participates in an internal investigation, or files a legal complaint, their employer cannot retaliate against them. Retaliation includes demotion, termination, pay cuts, or other adverse employment actions.
Employees experiencing such conduct may have the right to seek legal remedies through the New Jersey courts.
Enforcement of anti-discrimination protections in Atlantic City is handled by the New Jersey Division on Civil Rights (DCR), which investigates and prosecutes violations of the Law Against Discrimination (LAD). Employers in Atlantic City are prohibited from engaging in any of the following conduct:
- Refusing to hire an applicant based on sexual orientation, gender identity, or gender expression
- Firing an employee because of actual or perceived LGBTQ+ status
- Permitting a hostile work environment, including harassment or intimidation tied to sexual orientation or gender expression
- Paying lower wages or offering fewer benefits because of bias
- Enforcing inconsistent standards, such as penalizing LGBTQ+ workers more harshly or denying them opportunities given to others
- Relying on stereotypes or assumptions about someone’s orientation or gender identity to make employment decisions
New Jersey courts have consistently recognized that discrimination based on perception—such as assumptions about an employee’s sexual orientation—violates the LAD. This includes cases where the employer’s belief is incorrect but still results in unequal treatment. These rulings underscore the broad and enforceable protections available to workers in Atlantic City.
Legal Options for Victims in Atlantic City
Employees in Atlantic City who experience discrimination based on sexual orientation, gender identity, or gender expression have two main legal avenues:
- File a complaint with the New Jersey Division on Civil Rights (DCR) – This must be done within 180 days of the last discriminatory incident.
- File a lawsuit in New Jersey Superior Court – This option is available for up to two years from the date of the violation.
Both paths can lead to remedies such as job reinstatement, back pay, compensation for emotional distress, and court-ordered changes to employer policies or practices.
Consult a Sexual Orientation Discrimination Attorney
If you’ve been targeted by your employer due to your orientation or gender identity, the attorneys at NJ Employment Lawyers, LLC can help. Our firm represents workers in Atlantic City and throughout New Jersey in discrimination claims under the Law Against Discrimination (LAD). We handle all aspects of the legal process, including investigation, case development, settlement negotiations, and litigation if needed.
Contact us to discuss your situation and determine the most effective course of action.