New Jersey LGBTQ Discrimination Lawyers New Jersey state law goes even further than federal law in providing protections to members of the LGBTQ community. There are strict prohibitions on discrimination in the workplace. If you have been subjected to discrimination based on your status, you may be able to file a lawsuit against your employer that could lead to financial compensation. First, you should contact an experienced attorney to discuss your case. Employment discrimination cases are not necessarily easy, but they are your only route to justice when you have been wronged. Our New Jersey LGBTQ discrimination lawyers at Carcich O’Shea are here to help. What Laws Protect LGBTQ Workers? New Jersey has strict laws that prohibit LGBTQ discrimination. The state has a law against discrimination that prohibits certain acts concerning employment. The law was first amended in 1991 to include "affectional or sexual orientation." Then, in 2006, the New Jersey Legislature further changed the law to include "gender identity and expression.” Not only does the law prohibit discrimination based on actual sexual orientation, but it also forbids conduct based on perceived sexual orientation. Federal law is similar to New Jersey state law. The Civil Rights Act of 1964 prohibits discrimination based on sex. Included in this is discrimination based on sexual orientation. You may also file a lawsuit based on violations of federal law. Your attorney will advise you whether it is in your best interest to file a case with the state of New Jersey or the federal government. What Is Prohibited Conduct on the Job? The law prohibits adverse employment actions based on sexual orientation and gender identity. Adverse employment actions can include: Termination from a job. Failure to hire a prospective employee for a position. Denial of a certain job-related benefit. Failure to promote an employee. A negative performance evaluation. In addition, harassment on the job is also illegal under New Jersey law. Harassment can include: Verbal harassment, such as obscene language or demeaning comments. Physical harassment, such as unwanted touching. Visual harassment, such as displaying pornographic images, cartoons, or drawings. Harassment can include conduct directed specifically at an employee or remarks made in their presence. If it is egregious enough, one specific episode can be enough to be considered harassment. There are generally two types of sexual harassment in New Jersey: Quid pro quo harassment is when a sexual act is demanded in exchange for an employment benefit or action Hostile environment is when the employee is subjected to certain conduct, either directed at them or in their presence How Do I File an LGBTQ Employment Discrimination Claim? You have the responsibility to take action if you have been the victim of discrimination at work. You would need to file a complaint within 180 days of the illegal action, seeking compensation for the conduct to which you have been subjected. You cannot go directly to court to file a lawsuit. First, you would need to file a claim with either the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights. The government agency will investigate your claim and determine whether it wishes to file a lawsuit on your behalf. It is not the end of your legal process if they choose not to. You would then be able to file a lawsuit directly against your employer in state or federal court. What Should I Do if I Am Discriminated Against in the Workplace? What you do after you have been a victim of discrimination matters. Your actions can make the difference between receiving compensation and not getting Justice for what happened to you. To put yourself in the strongest legal position, you should take the following steps: Raise the issue with the HR department or your supervisor. Preferably, also submit your complaint and writing so there is a record that you have raised the issue. Preserve any documentation related to your claim, such as emails and employment records. Contact an experienced employment discrimination attorney to discuss how to deal with the conduct and your next steps. Be alert to any illegal retaliation against you for filing a complaint. You would need to have raised the issue with your employer first before you could file a complaint or lawsuit. Although it may be uncomfortable, it is something that you have to speak up about to both put a stop to the conduct and preserve your right to compensation. How Do I Prove LGBTQ Employment Discrimination? If you have been subjected to an adverse employment action, remember that your employer will never give the true reason. They know the law and understand they could face significant liability for discrimination if their case can be proven. Rarely will you have direct evidence of discrimination. Instead, you would likely rely on circumstantial evidence, such as a negative performance review, after receiving positive feedback. They may give another reason for denying you a promotion, such as a lack of qualifications for the job, even though you have the same experience as someone else. An experienced attorney can help gather evidence that can puncture your employer's story and put you in a position to receive financial compensation. What Are Possible Damages in a Discrimination Lawsuit? If you win your discrimination lawsuit, you can be entitled to substantial financial compensation for the wrong that was done to you. Compensation for discrimination includes: Your actual financial losses, such as lost wages, if you were fired or denied a raise. The emotional distress that you experienced based on the conduct. Potential punitive damages that would depend on the egregiousness of your employer's actions. An injunction that would order reinstatement to your job. Injunctions are relatively rare, so justice would likely come in financial compensation. Your lawyer would estimate the value of your damages so you know how much money to seek. Contact Our New Jersey LGBTQ Discrimination Lawyers at Carcich O'Shea to Learn More About Your Options Our New Jersey LGBTQ discrimination lawyers at Carcich O'Shea passionately believe in getting justice for our clients when they have been subject to Illegal conduct on the job. We never take your employer's story at face value and will leave no stone unturned in the pursuit of accountability. The first step you need to take is to call us at 201-988-1308 or contact us online to schedule an initial consultation. Located in Hackensack, New Jersey, we serve clients in Bergen County, Edison County, Essex County, Morris County, and Passaic County.

New Jersey Gender Identity + Expression Discrimination Lawyers

Gender identity and expression discrimination remains a pressing issue for many workers in New Jersey. If you have experienced discrimination at work due to your gender identity or expression, you need to understand your rights and the steps you can take to protect yourself. Carcich O’Shea provides the information and support you need to navigate this challenging situation.

What Is Gender Identity and Expression Discrimination?

Gender identity refers to an individual’s internal understanding and experience of gender, which may differ from the sex assigned at birth. Gender expression involves how a person presents their gender to the world through clothing, behavior, and other outward signs. Discrimination occurs when an employer treats an employee or job applicant unfavorably because of their gender identity or expression.

In New Jersey, state law prohibits discrimination based on gender identity or expression. The New Jersey Law Against Discrimination (NJLAD) protects employees from discrimination in hiring, firing, promotion, pay, and other aspects of employment. Federal laws, such as Title VII of the Civil Rights Act of 1964, also protect against gender-based discrimination. These laws aim to ensure that all individuals have equal opportunities and are judged solely on their qualifications and performance rather than on personal characteristics.

What Are the Signs of Gender Identity and Expression Discrimination?

Discrimination can manifest in various forms. You might notice hostile behavior, derogatory comments, or unequal treatment compared to other employees. It can include being passed over for promotions, receiving unfair evaluations, or being assigned undesirable tasks. In some cases, employers may create or tolerate a hostile work environment where derogatory remarks or actions are directed at individuals based on their gender identity or expression.

Subtle forms of discrimination can also occur. These might include being excluded from important meetings, given less desirable shifts or assignments, or overlooked for training and development opportunities. Microaggressions, such as insensitive jokes or comments, can contribute to a toxic work environment and affect one’s mental and emotional well-being.

If you face these or other discriminatory actions, it is crucial to document everything. Keep records of incidents, including dates, times, locations, and any witnesses. This documentation will be essential if you decide to take legal action.

What Should I Do if I Face Discrimination in My Workplace?

If you believe you are experiencing discrimination, take the following steps to protect yourself:

Document Incidents: Keep a detailed record of discriminatory actions or comments. Include dates, times, locations, and any witnesses. Documentation provides a clear timeline and evidence of the discrimination you have faced.
Report the Discrimination: Follow your company’s procedures for reporting discrimination. This often involves contacting your HR department or a designated company officer. Reporting the discrimination formally creates an official record of your complaint and initiates an internal investigation.
Seek Support: Talk to trusted colleagues, friends, or family members about what you are experiencing. Emotional support is essential during this time. You may also consider seeking support from LGBTQ+ organizations that can provide resources and advocacy.
Consult an Attorney: Contact a qualified attorney experienced in employment discrimination cases. They can guide you on your legal options and help you understand your rights under state and federal laws. An attorney can also represent you in negotiations or legal proceedings, ensuring your case is presented effectively.

Legal Protections and Remedies

New Jersey law offers robust protections for workers facing gender identity or expression discrimination. The NJLAD allows you to file a complaint with the New Jersey Division on Civil Rights (DCR) or pursue a lawsuit in state court. Under NJLAD, you may be entitled to remedies such as back pay, reinstatement, compensatory damages for emotional distress, and punitive damages in cases of egregious conduct.

Federal law, including Title VII, provides another avenue for seeking justice. You can file a complaint with the Equal Employment Opportunity Commission (EEOC). If the EEOC finds merit in your case, you may file a lawsuit in federal court. Federal remedies include back pay, front pay, reinstatement, compensatory and punitive damages, and attorneys’ fees.

The process of filing a complaint involves several steps. Initially, you must file a charge of discrimination with the EEOC or DCR within a specified timeframe. The agency will investigate your claim and may attempt to resolve the issue through mediation. If the investigation finds evidence of discrimination, the agency may file a lawsuit on your behalf or issue a “right to sue” letter, allowing you to pursue your case in court.

Preventing Retaliation

Retaliation is a common concern for employees who report discrimination. It is illegal for an employer to retaliate against an employee for filing a discrimination complaint or participating in an investigation. Retaliation can take many forms, such as demotion, increased scrutiny, or termination.

If you experience retaliation, document these actions as thoroughly as you did the initial discrimination. Report retaliation to your HR department or the person handling your original complaint. Retaliation is a form of discrimination and can be grounds for an additional legal claim.

The New Jersey Gender Identity and Expression Discrimination Lawyers at Carcich O’Shea Will Protect Your Workplace Rights

If you face gender identity or expression discrimination at work, Carcich O’Shea is here to help. Our dedicated team understands the complexities of employment discrimination cases and is committed to fighting for your rights. If you have questions or need legal assistance, speak with the New Jersey gender identity and expression discrimination lawyers at Carcich O’Shea today. Call us at 201-988-1308 or use our contact form to schedule your consultation and learn more about the support and service we can provide. With an office in Hackensack, New Jersey, we proudly serve clients in Bergen County, Edison County, Essex County, Morris County, and Passaic County.