New Jersey’s LGBT community enjoys greater legal protections today than ever before, but its members can still be victimized by discrimination. Fortunately, state law recognizes their rights to equal treatment. At Deutsch, Atkins & Kleinfeldt, P.C., we’re determined to protect those rights and pursue legal remedies on behalf of LGBT discrimination victims.
The New Jersey Law Against Discrimination (LAD) prohibits disparate treatment of employees based on affectional or sexual orientation and gender identity and expression. It also prohibits discrimination based on other characteristics that might mask LGBT bias, such as family, marital, civil union, domestic partnership and AIDS and HIV status. The LAD applies to all employers, regardless of their company size.
Discrimination at work can take a number of forms, such as hiring, firing, promotions, pay raises, work scheduling and assignments. In addition, employers, supervisors and co-workers are prohibited from subjecting LGBT employees to gender-based harassment and hostile work environments.
Employees who have changed their gender, or who identify with a gender other than the one assigned at birth, face a unique set of challenges. These might include:
Nonbinary individuals also may face retaliation for asserting their rights under the LAD.
LGBT discrimination is not limited to employment. LGBT applicants might be denied the opportunity to purchase and rent housing and to obtain mortgages. They might be denied equal treatment in grading, activities and discipline or subjected to harassment in schools and universities or refused service and treated as second-class customers by public-facing businesses anywhere in New Jersey. Any such denial of services, unequal treatment and harassment is illegal under the LAD.
If you believe you’re the victim of LGBT discrimination, you may file a claim either with the NJ Division on Civil Rights (DCR) within 180 days or in state Superior Court within two years after the occurrence of the discriminatory conduct that forms the basis of your lawsuit. If you were terminated, the DCR may order your employer to reinstate you with back pay and interest. It may also require your employer to make policy changes to prevent future discrimination.
If you prevail in your claim, you might be entitled to recover damages for any of the following:
You might also win punitive damages if you prove discrimination was malicious or was in wanton or willful disregard of your rights. An experienced NJ gender discrimination lawyer can advise you on which path is right for you and represent you throughout the proceeding.
The attorneys at Deutsch Atkins & Kleinfeldt, P.C. in Hackensack, NJ represents victims of LGBT discrimination. Call 551-245-8894 or contact us online to arrange a free initial consultation.