Rights of Employees
Sexual Orientation Discrimination
Sexual orientation and sexual identity discrimination are 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 your sexual orientation or your sexual identity.
Fortunately, New Jersey, New York State and New York City 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 a New Jersey sexual orientation discrimination attorney to discuss your legal rights. Our telephone number is (973) 744-4000.Fighting Harassment Against Gay, Lesbian, Bisexual and Transgender 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 a New Jersey Sexual Orientation Discrimination Attorney
If you have experienced sexual orientation or sexual identity discrimination, harassment or retaliation at work in either New Jersey or New York, the New Jersey sexual orientation discrimination lawyers at Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help.
Rabner Baumgart Ben-Asher & Nirenberg has 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 New Jersey sexual orientation discrimination attorneys.Related Articles
More information about this important area 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
- Single Anti-Gay Comment Can Create Hostile Work Environment
- 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