Under the New Jersey Law Against Discrimination, NJSA, 10:5-4, it is illegal for an employer to discriminate in employment, its advantages and privileges, because a person is a member of a protected class under the statute. This is a declared civil right.
In spite of progress made in the LGBTQ’s Rights Movement, there still exists stigmas in some workplaces for workers who are gender non-conforming. Men who exhibit what is considered to be traditionally feminine traits and woman who express contrary to feminine stereotypes may be passed over for promotions or harassed by co-workers.
Whether you are non-binary, non-cisgender, or transsexual, harassment and discrimination based on one’s being a certain sexual orientation is prohibited just as discrimination based on gender identity or sex is prohibited.
As a NJ Worker, You Are Protected from Harassment and Discrimination Based on Affectional or Sexual Orientation, Sex, Gender Identity or Expression
The NJLAD specifically stipulates that all NJ workers have a right to employment without discrimination because of affectional or sexual orientation, sex, gender identity or expression as well as some other protected classes.
The statute broadly defines these protected classes as follows:
hh. “Affectional or sexual orientation” means male or female heterosexuality, homosexuality, or bisexuality by inclination, practice, identity, or expression, having a history thereof or being perceived, presumed, or identified by others as having such an orientation.
ii. “Heterosexuality” means affectional, emotional, or physical attraction or behavior which is primarily directed towards persons of the other gender.
jj. “Homosexuality” means affectional, emotional, or physical attraction or behavior which is primarily directed towards persons of the same gender.
kk. “Bisexuality” means affectional, emotional, or physical attraction or behavior which is directed towards persons of either gender.
rr. “Gender identity or expression” means having or being perceived as having a gender related identity or expression whether or not stereotypically associated with a person’s assigned sex at birth.
As described at indigenouscultures.org, “Prior to European contact, many North American Indigenous cultures viewed gender and sexuality as fluid and beyond the strict male/female gender binary we know today. Two-Spirit or gender fluid members of the community were often revered, respected and held important positions of influence.”
Before the North American Indigenous culture was largely ferociously wiped out by Europeans, what American culture today defines as persons who are homosexuals and lesbians, these persons prior to the Indigenous diaspora were not thought to be flawed, but rather they were considered gifted and revered as they had the advantage of having the Spirit of the Feminine and Spirit of the Masculine both indwelling within them at the same time, thus providing them an advantage of collective synergy of intellect, emotion, wisdom, abilities and knowledge of both the masculine and feminine, or “Two-Spirit”, with combined effect greater than a sum of separate effects. Their community held “Two-Spirit” persons in high regard and respected “Two-Spirit” persons as community healers, spiritual leaders, caretakers and interpreters.
In 2021, some American employers attempt to influence culture by discriminating against workers who they deem to be non-gender conforming and by not allowing them the same advantages in employment as they do to employees who they deem to be gender binary and cisgender form.
Don’t Sit on Your Rights
I am an aggressive and compassionate employment law attorney who is experienced and successful in representing LGBTQ executives and in obtaining monetary compensation for their being subjected to discrimination. I have successfully represented LGBTQ employees who were either terminated or forced out of their employment because of the bias against them and was successful in recovering money for them. I have also been successful in obtaining monetary compensation for persons who experienced harassment because they were perceived to be gay but who were not gay.
If you are being subjected to such unlawful workplace discrimination, contact Hope A. Lang, Attorney at Law today for a free consultation.
New Jersey employment attorney, Hope A. Lang, Attorney at Law serves clients throughout the state, including Bergen, Middlesex, Essex, Hudson, Monmouth, Ocean, Union, Camden, Passaic, and Morris Counties with locations in Southern, Central, Western and Northern NJ to meet with clients.