CALL TODAY AT 973-920-7888
Gender Workplace Discrimination in NJ
Gender identity discrimination is prohibited under both federal and state law in New Jersey, yet many employees still face discriminatory treatment based on their actual or perceived gender identity. If you’re experiencing this, it’s crucial to seek guidance from a knowledgeable workplace discrimination attorney.
At Castronovo & McKinney, LLC, our focus is on safeguarding employees against gender identity discrimination. Our legal team is well-versed in the relevant anti-discrimination laws and is recognized for our advocacy within the LGBTQ+ community.
During consultations, we provide a supportive environment to help you understand your options and decide on the best course of action. While we aim to resolve employment discrimination cases through negotiation, we are fully prepared to represent your interests in court if needed. Our commitment is to offer respectful, compassionate representation while vigorously defending your rights. For a consultation on your situation, reach out to our office.
New Jersey Laws Prohibiting Gender Identity Discrimination
In New Jersey, both federal and state laws prohibit discrimination based on gender identity. The U.S. Supreme Court’s June 2020 ruling affirmed that discrimination based on gender identity falls under the prohibition of sex-based discrimination in Title VII of the 1964 Civil Rights Act. This aligns with the Equal Employment Opportunity Commission (EEOC)’s interpretation that Title VII’s sex discrimination clause extends to gender or sex identity.
Additionally, the New Jersey Law Against Discrimination (NJLAD) was expanded in 2006 to specifically protect individuals from discrimination based on gender identity or expression. NJLAD offers broader coverage compared to federal law, applying to all employers in the state, regardless of the number of employees.
In terms of legal process, while federal law under Title VII requires filing a complaint with the EEOC prior to initiating a lawsuit, NJLAD does not necessitate such a preliminary step. This means employees in New Jersey can directly file an employment discrimination lawsuit under state law without going through an administrative complaint process.
Recognizing Gender Identity Discrimination in the Workplace
Gender identity discrimination in the workplace can range from obvious to subtle actions, often with employers masking their discriminatory intent. Key forms of this discrimination include:
- Refusal to hire someone due to their gender identity.
- Termination of an employee undergoing gender transition.
- Denial of promotions based on an individual’s gender identity or expression.
- Prohibiting transgender employees from customer-facing roles.
- Failure to address harassment targeting nonbinary employees.
- Retaliation against employees who report gender identity discrimination.
Furthermore, both federal and state laws classify harassment based on gender identity as illegal discrimination. This harassment consists of any offensive behavior or remarks about an employee’s gender identity that are significant enough to contribute to a hostile work environment.
Compensation for Gender Identity Discrimination Claims with Castronovo & McKinney
Facing discrimination based on gender identity is a challenging ordeal. Despite legal protections, fear of retaliation or embarrassment often deters victims from seeking justice. Confronting your employer is daunting but crucial for protecting your rights and potentially inspiring others.
Castronovo & McKinney is equipped to guide you through this process with a comprehensive approach to your claim. Our legal team will:
- Conduct detailed investigations into the discrimination.
- Interview witnesses, including supervisors and coworkers.
- Gather your employment records and history.
- Identify any past discrimination incidents by your employer.
- Manage all communications with your employer and their legal team.
- Seek a fair settlement and represent you in administrative and court proceedings as needed.
- Prioritize your best interests, employment rights, and reputation throughout the legal process.
Potential Damages in Gender Identity Discrimination Cases Each case is unique, but you may be entitled to various damages, including:
- Lost wages, such as back pay and front pay.
- Value of lost employment benefits like health insurance and retirement plans.
- Compensation for lost bonuses and commissions.
- Damages for pain and suffering and emotional distress.
- Coverage for attorneys’ fees and court expenses.
In some instances, equitable remedies might be awarded. These could include reinstatement to your position or court orders for your employer to revise employment policies and initiate training programs to prevent future discrimination.