Comprehensive civil rights legislation called the Equality Act is bicameral legislation that would make it illegal to discriminate against LGBTQ+ persons in employment. In 2023, U.S. Senator Cory Booker (Dem.-NJ) reintroduced this bill in the Senate which would ban employment discrimination based on a person’s gender, gender orientation and sexual orientation status.
The bill’s reintroduction was prompted by an alarming recent increase in discrimination and numerous state-sponsored legislation against LGBTQ persons. Throughout the US, state-sponsored legislation seeks to undermine the civil rights progress gained in recent years for this population. The recent flood of legislation in state after state seeks to deny civil rights to persons in this class, although this class was late in receiving civil rights legal protections on par with other protected groups.
Because of a widening social acceptance of LGBTQ persons in more recent times, such as same-sex marriage, some assume that such legal protections are already explicitly written into various federal employment civil rights statutes, but this assumption is incorrect. The Equality Act would mandate these protections into federal law under all areas of potential discrimination. If the Equality Act is passed, the essential civil rights employment protections for this class will not be eroded by individual states’ legislation, and the fickle animus of the population each governs. When this civil rights legislation was introduced into the House of Representatives, under the leadership of Speaker Emerita Nancy Pelosi (Dem-CA), the Equality Act passed the House twice.
If you are an employee who is experiencing employment discrimination because of your affectional or sexual orientation, gender orientation, gender identity or expression, 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 others and in obtaining monetary compensation for their being subjected to discrimination. If you think you are being discriminated against, you should contact this office today for a free consultation.
The Equality Act’s Proposed Changes to Existing Civil Rights Statutes Affecting Employment
Some proposed changes to existing federal civil rights statutes affecting employment are found under section 7 of the Equality Act as follows:
Employment
Amends Title VII of the Civil Rights Act of 1964 to make explicit the current-law
protections against discrimination on the basis of sexual orientation and gender identity..
Applies to the same employers as does current federal civil rights law, including public and private sector entities with at least 15 employees, as well as labor organizations.
Discrimination on the basis of sexual orientation or gender identity is treated exactly the same as discrimination on the basis of race, sex, or national origin.
Amends the Civil Service Reform Act and the Government Employees Rights Act of 1991 to similarly make explicit the inclusion of sexual orientation and gender identity among protected classes, joining race, color, religion, sex and national origin, to protect employees of the Federal Government, the Government of the District of Columbia, and other government offices and organizations.
Additionally, under Section 8, the Equality Act amends Intervention in Equal Protection Cases:
Equal Protection Cases
Amends Title IX of the Civil Rights Act of 1964 to make explicit the inclusion of sexual
orientation and gender identity among protected classes (joining race, color, religion, sex
and national origin), allowing the Attorney General to intervene in equal protection cases
under the 14th Amendment.
In addition to employment civil rights protections, the Equality Act also amends federal statutes to provide protection for LGBTQ persons as to Public Accommodations, Public education and Federal funding.
New Jersey Employees Already Have Broad Protection
If you are an employee in New Jersey, you already have broad legal protections in employment based on gender, gender identity and sexual orientation under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. This New Jersey statute mandates even greater protection for LGBTQ persons than does the federal Equality Act. i.e., an employer in NJ does not have to employ at least 15 persons.
New Jersey Has the Strongest Civil Rights Protections for LGBTQ Workers
Rejecting a more narrowly tailored definition of homosexuality as is used by some other states, the New Jersey statute specifically includes many employees to be protected workers who 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.
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 others and in obtaining monetary compensation for their being subjected to discrimination. I was successful in obtaining moneys for lost wages, both for past lost wages and projected future lost wages, and in recovering financial compensation for their emotional pain and suffering. 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 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 think you are being pushed out of your job or retaliated against, you should contact this office immediately for a free consultation.
If you quit your job, you may lose right to prevail in a lawsuit
In many instances of discrimination, if you quit your job, you may lose right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of handing in a resignation letter, or think you will be fired (or have already been terminated), you should contact this office immediately for a free consultation to discuss your options.
If you are being subjected to such unlawful workplace discrimination or believe you are being pushed out of your job, contact Hope A. Lang, Attorney at Law today for a free consultation. I accept discrimination and whistleblower cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.
Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.