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 subconscious bias, it is unlawful for your employer to treat you worse because of your sexual orientation or sexual identity.
Fortunately, New York and New Jersey law 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.
Sexual Orientation Based on Sexual Stereotypes is Unlawful
Similarly, it is impermissible 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 those factors.
If you have experienced discrimination at your job, please call us today to discuss you legal rights at (201) 487-2700 in New Jersey, or at (212) 398-7100 in New York.
New York and New Jersey Law Prohibit Employers from Harassing Gays, Lesbians 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 sexual orientation or sexual identity.
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, 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 can be legally actionable if it is bad enough to make your work environment hostile. As a result, sexual orientation harassment can be legally actionable if it is severe or occurs frequently enough to create a hostile workplace.
Protection Against Retaliation
It can be intimidating to report sexual orientation discrimination or harassment to your company. Fortunately, the law protects you from retaliation if you object to unlawful discrimination or harassment at your job. Whether you complain to your immediate supervisor, the head of your department, the human resources department, an Equal Employment Opportunity (EEO) officer, or another appropriate company official, New Jersey and New York law forbid your employer from firing you, demoting you, or otherwise punishing you in retaliation for doing so.
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 The Nirenberg Law Firm can help. We have represented numerous employees who have experienced these types of illegal discrimination at their jobs. Contact us online, or call us at (201) 487-2700 to schedule an initial consultation with one of our experienced employment law attorneys.
- New Jersey Court Reverses Dismissal of Sexual Orientation Discrimination Case Earlier this month the New Jersey Appellate Division permitted an employee to continue with his sexual orientation discrimination claim against his ....
- Police Officer Fights Potential Termination and Prepares for Civil Rights Lawsuit Over the past few weeks, one of our clients has been in the news. Specifically, Bogota New Jersey Police Officer Regina Tasca is currently in the ....
- New York Employers Must Provide Same Bereavement Leave to Same-Sex Committed Couples New York State law does not require employers to allow employees to take time off for bereavement leave. However, under New York's new funeral and ....