Gender / Sex Discrimination

Experienced Bergen County Employment Lawyers Enforcing the Rights of Women and Men at Work

If your employer has discriminated against you because of your gender, your rights have been violated. In New Jersey, gender discrimination and sex discrimination can include discrimination based on negative stereotypes about women and other forms of negative behavior toward women (or men) because of their sex rather than based on their skills, experience and qualifications for the job.

Unequal Pay for Women

Repeated studies have shown that companies routinely pay women less than their male counterparts for performing the same work. Not only is this unfair, but it also is illegal.

Women with comparable skill, education, knowledge and experience are entitled to be paid comparably to men who perform the same jobs. Unfortunately, both past and present discriminatory practices frequently lead to women receiving unequal pay for the same work.

Fortunately, New Jersey has an extremely strong equal pay act that protects employees who are paid less because of their gender.

The Glass Ceiling

In some companies, women are blocked from promotions above a certain level. For example, an employer might not allow women to reach Vice President or Director-level positions. This is often referred to as a “glass ceiling” because it is an invisible barrier that prevents women from rising to higher levels in the organization. Unfortunately, glass ceilings are a fairly common form of gender discrimination.

The Bergen County gender discrimination attorneys at Rabner Baumgart Ben-Asher & Nirenberg, P.C. have specific experience fighting back against employers that have created glass ceilings for women or allowed them to remain in place.

Sexual Harassment

Sexual harassment occurs when a worker is harassed because of his or her gender. While it often is sexual in nature, sexual harassment does not even have to have sexual undertones for it to violate your rights if you were targeted because of your gender.

You may have a sexual harassment claim if the conduct is severe or occurs frequently enough that it would have a significant negative impact on your work environment.

Reverse Discrimination

Historically, women have been the targets of workplace sex discrimination; however, on occasion, a company or a supervisor favors women over men. Discrimination against men also is illegal in New Jersey.

Pregnancy Discrimination

Pregnancy discrimination is prohibited under both state and federal law. It occurs when an employer treats an employee or job applicant unfavorably because of pregnancy, childbirth, or a related medical condition. This kind of discrimination can take many forms—such as denying a promotion, cutting hours, assigning less favorable job duties, or even terminating employment—simply because a worker is pregnant or plans to become pregnant.

Pregnancy discrimination often is rooted in biases and outdated assumptions. Employers may wrongly believe that pregnant workers are less committed, less capable, or more likely to be absent—even when there is no evidence to support those beliefs. Some employers also make unfair decisions based on assumptions about future childcare responsibilities or anticipated maternity leave.

Under the New Jersey Law Against Discrimination (“LAD”), employers are required to treat pregnant workers the same as others who are similar in their ability or inability to work. In fact, when necessary, employers must provide reasonable accommodations such as light duty, extra breaks, or time off to recover from childbirth.

When an employer allows stereotypes to guide employment decisions rather than treating workers based on their actual performance or qualifications, it violates the law—and you may have the right to take legal action.

Sexual Orientation and Gender Identity Discrimination

Discrimination based on sexual orientation or gender identity often intersects with sex-based discrimination, particularly when an employer relies on stereotypes about how someone should look, act, or identify. Lesbian, gay, bisexual, transgender, queer, and other LGBTQ+ employees may face unfair treatment simply for not conforming to an employer’s biased expectations about gender or relationships.

Under the New Jersey Law Against Discrimination, it is unlawful for employers to discriminate against individuals based on sexual orientation, gender identity, or gender expression. This includes decisions related to hiring, firing, promotions, compensation, and workplace conditions.

Discrimination can be subtle—such as being excluded from meetings or repeatedly misgendered—or more overt, like being denied a job or fired after coming out. Regardless of the form it takes, this type of conduct is illegal in New Jersey, and workers have the right to seek legal remedies.

Victims of Domestic Abuse and Sexual Violence

While it is not always a form of gender discrimination, New Jersey law protects victims of domestic violence and sexual abuse from discrimination for taking time off from work for reasons related to the violence or abuse.

Contact Us Today

Gender discrimination is not only outdated, but it also is unlawful. Unfortunately, it still occurs regularly across New Jersey. If you have been subjected to sex discrimination at your job, or if you would like to learn more about your employment rights, please contact one of the Bergen County gender discrimination lawyers at Rabner Baumgart Ben-Asher & Nirenberg, P.C.

We have the knowledge and experience to provide the legal representation you need, as well as the compassion and understanding to appreciate and understand how difficult it is to live through discrimination at work. We look forward to the opportunity to meet with you and help protect your legal rights. You can reach us at (201) 777-2250 or by completing our secure online contact form.