Sexual Orientation Discrimination

Sexual orientation, sexual affection, gender identity and gender expression 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 for one of those reasons since they have no bearing on your ability to perform your job..

Fortunately, New Jersey, New York State and New York City law all prohibit discrimination on the basis of sexual orientation and affection, as well as gender identity and expression. As a result, among other things, 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, transsexual, or queer.

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 gender, sexual orientation or affection, gender identity or expression, or a combination of more than one of those factors.

If you have experienced any form of unlawful 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 (201) 777-2250.

Harassment is a form of illegal discrimination. Accordingly, 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 legal claim if the harassment is severe or if it occurs frequently enough to create a hostile work environment.

To learn more about harassment due to sexual orientation, we recommend you read our article: Single Anti-Gay Comment Can Create Hostile Work Environment.

It can be intimidating to have to report sexual orientation or gender identity discrimination or harassment to your company, even though doing so often can be necessary before you can pursue your legal claim. 

Fortunately, the law protects you from retaliation or intimidation because you reported something that you reasonable believed was unlawful discrimination at your job. In other words, it violates anti-discrimination laws for your employers to harass you, fire you, or take another adverse employment action against you because you reported something you reasonable believe was an act of sexual orientation or gender identity discrimination.

If you have experienced discrimination sexual orientation, affectional orientation, gender identity or gender expression discrimination, harassment or retaliation at work in either New Jersey or New York, the attorneys at Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help.

Our New Jersey sexual orientation discrimination lawyers have 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 (201) 777-2250 to schedule an initial consultation with one of our experienced New Jersey sexual orientation discrimination attorneys.

For more information about these and other important areas 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
  
• 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