Sexual Orientation Discrimination
Sexual Orientation & Sexual Identity Discrimination Violate the Law
Sexual orientation discrimination is far too common in the workplace. Whether the discrimination is based on conscious bigotry or a subconscious bias, it is unlawful for your employer to treat you less favorably because of either your sexual orientation or your sexual identity.
Fortunately, New York State, New York City and New Jersey law all prohibit discrimination on the basis of both sexual orientation and sexual identity. As a result, it is illegal for a company to refuse to hire you, wrongfully terminate you, demote you, or otherwise discriminate against you based on the fact that you are gay, lesbian, bisexual, transgender or transsexual.
Discrimination Based on Sexual Stereotypes
Similarly, it is impermissible gender discrimination for your employer to treat you negatively because you do not meet its expectations or assumptions about gender roles or gender stereotypes in the workplace. This form of discrimination violates the law whether it is motivated by your sexual orientation, your sexual identity, your gender, or a combination of more than one of those factors.
If you have experienced discrimination at your job, we welcome you to call us at (973) 744-4000 to discuss your legal rights.
Fighting Harassment Against Gay, Lesbian and Bisexual Employees
Harassment is a form of illegal discrimination. By preventing sexual orientation and sexual identity discrimination, New Jersey and New York law also prohibit harassment based on each of these legally protected categories.
Harassment due to your sexual orientation can include calling you derogatory names, teasing or insulting you, telling biased or offensive jokes, assigning you to less desirable work, isolating you from your peers, physical or psychological intimidation, or almost any other negative treatment directed at you because of your sexual orientation or sexual identity.
These types of mistreatment can take a serious emotional and physical toll on employees who are subjected to them. Harassment is legally actionable if it is serious enough to make your work environment hostile. In other words, you can pursue a claim if the harassment is severe or if it occurs frequently enough to create a hostile workplace.
Protection Against Retaliation
Although it often is legally required before you can pursue a claim, it can be intimidating to have to report sexual orientation discrimination or harassment to your company. Fortunately, the law protects you from retaliation when you report something that you reasonable believe was unlawful discrimination at your job.
Contact an Employment Lawyer Today
If you have experienced sexual orientation or sexual identity discrimination, harassment or retaliation at work in either New Jersey or New York, the employment lawyers at Rabner Allcorn Baumgart & Ben-Asher can help. We have represented numerous employees who have experienced these types of illegal discrimination at their jobs. Please feel free to either contact us online or call us at (973) 744-4000 to schedule an initial consultation with one of our experienced employment law attorneys.
More information is available on our blog: