Sexual Orientation Discrimination

New Jersey Sexual Orientation Discrimination Lawyers

Discrimination based on sexual orientation, gender identity, gender expression and affectional orientation remains an all-too-common issue in workplaces across New Jersey. Whether the bias is overt or rooted in unconscious assumptions, it is unlawful under a key employment law, the New Jersey Law Against Discrimination.

At Rabner Baumgart Ben-Asher & Nirenberg, P.C., our New Jersey sexual orientation discrimination lawyers are passionate about protecting your right to work in an environment free from discrimination, harassment, and retaliation. If you have been mistreated at work based on who you are or how you identify, we can help you explore your legal options.

What Counts as Sexual Orientation Discrimination?

Sexual orientation discrimination occurs when an employer treats you differently because you identify as gay, lesbian, bisexual, queer, or any other orientation. It also can occur because your employer mistakenly believes or assumes you have a particular sexual orientation. These protections also extend to your affectional orientation, which refers to your emotional or romantic attraction, regardless of your sexual behavior.

This type of discrimination may involve:

• Denial of a job offer
• Wrongful termination
• Unequal pay or demotion
• Exclusion from promotions or leadership roles
• Unequal workplace policies or assignments

New Jersey law prohibits these forms of discrimination in employment, regardless of company size.

Legal Protections for Gender Identity and Expression

In addition to sexual orientation, employers are prohibited from discriminating based on your gender identity, meaning your internal sense of gender; or your gender expression, meaning how you outwardly express that identity.

For example, it may be unlawful to:

• Denying employment to a transgender person
• Refusing to use their correct pronouns Disciplining someone for appearance or dress that does not conform to their expectation of gender norms
• Denying access to restrooms that align with an employee’s gender identity

These protections apply regardless of whether you have taken any medical or legal steps to transition. The law focuses on how you are treated at work—not your personal medical history.

Discrimination Based on Gender Stereotypes

Employers may not treat employees differently because they do not conform to gender stereotypes, even if the mistreatment is not directly tied to a specific or declared identity. For instance, if a woman is penalized for being “too assertive” or a man is mocked for being “too emotional,” this can be gender-based discrimination.

Whether the discrimination stems from gender, sexual orientation, or a combination of both, it may violate New Jersey law.

Harassment Based on Sexual Orientation or Identity

Harassment is a form of unlawful discrimination, and New Jersey law prohibits hostile work environments based on sexual orientation, gender identity, and gender expression.

Workplace harassment may include:

• Derogatory slurs or offensive jokes
• Repeated teasing or misgendering
• Unwanted questions about your personal life
• Exclusion from meetings or team activities
• Physical intimidation or threats

To be legally actionable, the harassment must be either severe or frequent enough to create a hostile work environment. Even a single incident—such as an anti-gay slur from a supervisor—could meet this standard.

Retaliation for Reporting Discrimination

It often takes courage to report workplace discrimination or harassment. Fortunately, New Jersey laws prohibit employers from retaliating against employees who raise concerns about actual or apparent violations of law in good faith.

Retaliation may include:

• Firing or demotion
• Negative performance reviews
• Sudden changes in job duties
• Isolation or exclusion
• Verbal or physical intimidation

Even if an investigation ultimately finds no legal violation, you still are protected from retaliation simply for making a complaint that you reasonably believed involved unlawful discrimination.

Speak with a New Jersey Sexual Orientation Discrimination Lawyer

If you have experienced discrimination, harassment, or retaliation based on sexual orientation, gender identity or gender expression in the workplace, then Rabner Baumgart Ben-Asher & Nirenberg, P.C. is here to help.

Our New Jersey sexual orientation discrimination attorneys have extensive experience representing employees across a wide range of industries in Bergen County and throughout New Jersey. We will protect your rights and do everything possible to hold your employer accountable.

To schedule a consultation, please call us today at (201) 777-2250 or contact us online. We are ready to fight for your rights.

Related Articles

For more information about these and other important areas of the law is available on our Blog, including the following articles:

• In Finding Federal Law Prohibits Sexual Orientation Discrimination, Supreme Court Makes it Easier to Prove All Forms of Discrimination
  
• FMLA Covers Spouses in Same Sex Marriages
  
• New Jersey Court Reverses Dismissal of Sexual Orientation Discrimination Case
• New York Employers Must Provide Same Bereavement Leave to Same-Sex Committed Couples