What is gender identity and transgender discrimination in the workplace?

Gender identity and transgender discrimination occurs when an employer treats an employee or job applicant unfairly because of their gender identity, gender expression, or transgender status. Both federal law and the New Jersey Law Against Discrimination prohibit this type of discrimination.

What are examples of gender identity discrimination in Bergen County workplaces?

Examples include refusing to hire someone because of their gender identity, denying promotions, terminating an employee during a gender transition, permitting workplace harassment, or retaliating against an employee for reporting discrimination.

Can I sue my employer for gender identity discrimination in New Jersey?

Yes. Employees who experience gender identity or transgender discrimination may have the right to pursue legal action under the New Jersey Law Against Discrimination and applicable federal laws. An employment attorney can evaluate your claim and explain your legal options.

What compensation may be available in a gender identity discrimination case?

Depending on the circumstances, employees may recover lost wages, lost benefits, emotional distress damages, attorney's fees, court costs, and other remedies such as reinstatement or policy changes within the workplace.

Why choose Castronovo & McKinney, LLC for a gender identity discrimination case in Bergen County, NJ?

Castronovo & McKinney, LLC represents employees throughout Bergen County and across New Jersey in workplace discrimination matters. The firm investigates claims, protects employee rights, negotiates with employers, and pursues favorable outcomes through settlement or litigation.

Gender Identity Discrimination in Bergen County, NJ

Gender identity discrimination is prohibited under both federal and New Jersey law. Despite these legal protections, employees continue to face discrimination because of their actual or perceived gender identity. If your employer has treated you unfairly based on your gender identity or gender expression, an experienced employment attorney can help you understand your rights and pursue legal action.

Castronovo & McKinney, LLC represents employees throughout Bergen County, NJ, who have experienced workplace discrimination based on gender identity. Our attorneys are committed to protecting the rights of LGBTQ+ employees and holding employers accountable when they violate state or federal law.

Legal Protections Against Gender Identity Discrimination in Bergen County, NJ

Federal law and the New Jersey Law Against Discrimination (NJLAD) both prohibit discrimination based on gender identity and gender expression.

In 2020, the U.S. Supreme Court ruled that discrimination based on gender identity is a form of sex discrimination prohibited under Title VII of the Civil Rights Act of 1964. The Equal Employment Opportunity Commission (EEOC) also enforces Title VII protections for transgender, nonbinary, and gender nonconforming employees.

New Jersey provides even broader workplace protections through the New Jersey Law Against Discrimination (NJLAD). Unlike Title VII, which generally applies only to employers with 15 or more employees, NJLAD applies to employers of all sizes throughout New Jersey. It also allows many employees to file a lawsuit directly without first filing a complaint with the EEOC, providing greater flexibility when pursuing a claim.

Recognizing Gender Identity Discrimination in the Workplace

Gender identity discrimination can take many forms, ranging from obvious acts to more subtle patterns of unequal treatment. Examples include:

Refusing to hire an applicant because of their gender identity or gender expression
Terminating, demoting, or disciplining an employee during or after a gender transition
Denying promotions, raises, or advancement opportunities because of gender identity
Removing a transgender employee from customer-facing responsibilities
Failing to address harassment directed at transgender or nonbinary employees
Retaliating against employees who report discrimination or participate in workplace investigations

Harassment based on gender identity—including offensive comments, repeated misgendering, intimidation, or other conduct that creates a hostile work environment—may also violate both federal and New Jersey law.

How Castronovo & McKinney, LLC Can Help

If you have experienced gender identity discrimination, taking legal action can help protect your rights and prevent further unlawful conduct. Castronovo & McKinney, LLC represents employees throughout Bergen County, NJ, handling every stage of the legal process, including:

Conducting a detailed investigation of your claim
Interviewing supervisors, coworkers, and other witnesses
Collecting and reviewing employment records and communications
Identifying patterns of discrimination or retaliation within the workplace
Communicating and negotiating with your employer and their legal counsel
Pursuing a favorable settlement or representing you at trial when necessary

We also represent clients during administrative proceedings and throughout litigation, providing experienced legal advocacy from start to finish.

Potential Compensation

If your gender identity discrimination claim is successful, you may be entitled to compensation for:

Lost wages, including back pay and front pay
Lost employment benefits, such as health insurance and retirement contributions
Lost bonuses, commissions, or other compensation
Emotional distress and other non-economic damages
Attorney’s fees and court costs where permitted by law

Depending on your case, the court may also order equitable relief, including reinstatement to your position, policy changes within the workplace, or other corrective measures designed to prevent future discrimination.

Contact Our Bergen County, NJ Gender Identity Discrimination Attorneys

If you have been subjected to gender identity discrimination in the workplace, you do not have to face the process alone. Castronovo & McKinney, LLC represents employees throughout Bergen County, NJ, and across New Jersey in claims involving workplace discrimination, harassment, and retaliation. Contact us today to discuss your situation and learn how we can help protect your rights.