 Under the New Jersey Law Against Discrimination, all persons shall have the opportunity to obtain employment, and to obtain all the accommodations, advantages, facilities, and privileges of any place of public accommodation, publicly assisted housing accommodation, and other real property without discrimination because of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, disability, nationality, sex, gender identity or expression or source of lawful income used for rental or mortgage payments, subject only to conditions and limitations applicable alike to all persons. This opportunity is recognized as and declared to be a civil right. Sexual Orientation Discrimination, and Gender Identity or Gender Expression Discrimination may occur in any type of job description at any level of pay, in terms of not promoting you, not offering you the same opportunities and benefits as other employees, being treated differently in terms of the quality and conditions of your work environment, job assignments, and wrongful termination. The New Jersey Law Against Discrimination is meant to combat any type of harassing conduct that is motivated by another's sex. New Jersey law specifically prohibits discrimination based on gender identity or expression in addition to discrimination based on affectional or sexual orientation, familial status, sex, and marital status. Sexual Orientation Harassment, Gender Identity or Gender Expression Harassment. New Jersey law prohibits employment discrimination because of one’s gender identity and sexual orientation. It is illegal for an employer to engage in or allow Sexual Orientation Harassment, Gender Identity or Gender Expression Harassment. Employment discrimination against someone undergoing a change in status such as a male‑to‑female transsexual may violate LAD's prohibition against sex‑based discrimination. Transsexual, Sexual Orientation, Gender Identity or Gender Expression Harassment includes overt acts such as using homophobic epithets, or an employer's allowing the use of homophobic slang words by other co‑workers, insensitive jokes, and more subtle hostile acts such as being treated differently in terms of the quality of the work environment that creates a hostile work environment. Transsexual, Sexual Orientation, Gender Identity or Gender Expression Harassment and discrimination can also occur because of an employee's relationship with another person who is a member of a protected class, such as an employee being harassed because he has lesbian parents or a transsexual child. Transgender, Gender Identity or Gender Expression Harassment and Discrimination can occur to one who does not fit the stereo-typical notion of gender associated with sex, such as a male who has “feminine” characteristics, or whose self‑identity does not conform unambiguously to conventional notions of male or female gender. New Jersey recognizes hostile work environment claims in the context of gender stereotyping harassment. Retaliation
If you complained about Sexual Orientation, Gender Identity or Gender Expression discrimination or harassment by your employer or other co‑workers, or that you were being treated differently in terms of your pay, the quality and conditions of your work environment, job assignments, and then you were demoted, terminated, or retaliated against in terms of the quality and conditions of your work environment or job assignments, you may have a valid claim for illegal retaliation for exercising your civil rights.
For a free consultation contact Hope A. Lang at
(201) 599‑9600 with your employment discrimination questions today.
Hope A. Lang, Attorney at Law, represents employees throughout New Jersey in complex employment discrimination lawsuits. She accepts cases from all counties in Northern, Southern, and Central New Jersey and has locations in central, western and northern New Jersey to meet with clients. If you believe that you have been discriminated against due to gender identity or other protected characteristic, such as age, disability, pregnancy, race, religion, sex, sexual orientation or national origin, or in retaliation for reporting what you believed to be illegal acts of your employer, she can help you. It is important to know your rights as an employee. |