Gender Identity Transgender Discrimination
Gender identity discrimination is prohibited under both federal and New Jersey state law. Despite these protections, many employees still face discrimination based on their actual or perceived gender identity. If you’re experiencing this injustice, seek guidance from an experienced workplace discrimination attorney.
At Castronovo & McKinney, LLC, we shield employees from gender identity discrimination. Our employment lawyers have extensive knowledge of anti-discrimination laws and are strong advocates for the LGBTQ+ community.
What Laws Prohibit Discrimination Based on Gender Identity
Gender and sex discrimination are prohibited by both federal law and the New Jersey Law Against Discrimination (NJLAD). In June 2020, the U.S. Supreme Court ruled that discrimination based on gender identity is illegal sex-based discrimination under Title VII of the 1964 Civil Rights Act.
The Equal Employment Opportunity Commission (EEOC) also states that Title VII’s prohibition of sex discrimination includes employment discrimination based on gender or sex identity.
In 2006, New Jersey legislators amended the NJLAD to explicitly protect individuals from discrimination based on their gender or sex identity or expression. New Jersey law provides broader legal protections for employees under state law, as it applies to all employers, regardless of size.
Unlike Title VII, which applies only to employers with 15 or more employees, the NJLAD covers all employers operating in New Jersey. Additionally, while federal law requires filing a complaint with the EEOC before initiating a lawsuit, the NJLAD does not require this administrative step.
Identifying Gender Identity Discrimination in the Workplace
Discrimination based on gender identity can be overt or subtle. It may involve:
- Refusing to hire a candidate based on their gender identity
- Terminating an employee who is transitioning
- Denying promotions based on gender identity or expression
- Not allowing a transgender employee to work with customers
- Failing to stop harassment of a nonbinary employee
- Retaliating against an employee who complains about gender identity discrimination
Harassment is also considered an unlawful form of discrimination. It involves offensive conduct or comments about an employee’s gender identity that create a hostile work environment.
How Our Firm Can Help
Experiencing discrimination due to your gender identity can be daunting. Despite legal safeguards, victims often hesitate to step forward due to fear of embarrassment or retaliation. Taking legal action against your employer is crucial for safeguarding your rights and inspiring others to stand up against injustice.
You can rely on Castronovo & McKinney to support you throughout this process and handle every aspect of your claim. Our legal team will:
- Conduct a comprehensive investigation into your case
- Interview relevant witnesses, including supervisors and colleagues
- Gather pertinent personnel records detailing your employment history
- Identify other instances of discrimination by your employer
- Manage all communications with your employer and their legal representatives
- Advocate for a fair and equitable settlement
- Provide representation in administrative proceedings and court hearings
Above all, we prioritize your best interests and are committed to safeguarding your employment rights and reputation.
Damages You Can Recover
Each employment discrimination case is unique, but you may be entitled to various forms of damages, including:
- Lost wages (back pay, front pay)
- Compensation for lost employment benefits (health and retirement plans)
- Lost bonuses, commissions, and other compensation
- Damages for pain and suffering
- Compensation for emotional distress
- Reimbursement of attorneys’ fees and court costs
Equitable remedies may also be pursued. For instance, the court might order your employer to reinstate you if you were terminated due to your gender identity or require your employer to revise its employment policies and practices.
Contact Our Experienced Atlantic City Gender Identity Discrimination Attorney
While pursuing a claim for gender identity discrimination may feel overwhelming, it doesn’t have to be with our strong legal representation. Reach out to us today to begin the process of fighting for your rights.
Castronovo & McKinney, LLC assists clients with their gender discrimination claims across New Jersey, including Bergen, Essex, Middlesex, and Morris Counties, as well as in cities like Hackensack, Newark, New Brunswick, and Morristown. Contact us now to get started on your claim.