Gender Identity Discrimination
Gender identity discrimination is illegal under both federal and state law. Despite these protections, many employees still face discrimination based on their actual or perceived gender identity. If you’re experiencing this injustice, it’s crucial to consult with an experienced workplace discrimination attorney.
At Castronovo & McKinney, LLC, we are committed to protecting employees from gender identity discrimination. Our team of skilled employment lawyers is dedicated to advocating for the LGBTQ+ community and ensuring that your rights are upheld.
Legal Protections Against Gender Identity Discrimination in Folsom, NJ
Discrimination based on gender identity is prohibited by both federal law and the New Jersey Law Against Discrimination (NJLAD). In 2020, the U.S. Supreme Court ruled that discrimination based on gender identity is a form of illegal sex-based discrimination under Title VII of the Civil Rights Act of 1964. This ruling is in line with the Equal Employment Opportunity Commission’s (EEOC) interpretation that Title VII’s prohibition of sex discrimination includes gender identity.
New Jersey’s NJLAD, amended in 2006, specifically protects individuals from discrimination based on gender identity or expression. The state law provides broader protections than federal law, as it applies to all employers in New Jersey, regardless of size. While Title VII only covers employers with 15 or more employees, the NJLAD applies to all employers. Furthermore, the NJLAD allows victims to take legal action without first filing a complaint with the EEOC, as required by federal law.
Recognizing Gender Identity Discrimination in the Workplace
Gender identity discrimination can manifest in both overt and subtle ways. Common examples include:
- Refusing to hire someone based on their gender identity
- Terminating an employee who is transitioning
- Denying promotions due to gender identity or expression
- Forcing a transgender employee to avoid customer-facing roles
- Failure to stop harassment of a nonbinary employee
- Retaliating against an employee who complains about gender identity discrimination
Harassment, a form of discrimination, includes any offensive conduct or comments about an employee’s gender identity that creates a hostile work environment. Both federal and state laws recognize harassment as illegal discrimination.
How Castronovo & McKinney, LLC Can Assist You
Facing discrimination due to your gender identity can be overwhelming. While the law offers strong protections, many employees hesitate to speak out due to fear of retaliation or embarrassment. However, legal action is essential to protect your rights and help stop the cycle of discrimination.
Our legal team at Castronovo & McKinney, LLC will guide you through the process, including:
- Conducting a thorough investigation of your case
- Interviewing witnesses, including supervisors and coworkers
- Gathering relevant employment records
- Identifying patterns of discrimination within your workplace
- Managing communications with your employer and their legal team
- Fighting for a fair settlement or trial outcome
We also represent clients in administrative proceedings and court hearings, prioritizing your best interests every step of the way.
Potential Damages
If your case is successful, you may be entitled to compensation, including:
- Lost wages (back pay and front pay)
- Lost benefits (e.g., health insurance, retirement plans)
- Lost bonuses and commissions
- Compensation for emotional distress and pain and suffering
- Reimbursement of attorney’s fees and court costs
Equitable remedies may also be available. For instance, the court could order reinstatement if you were wrongfully terminated, or require your employer to revise its policies to prevent future discrimination.
Contact Our Folsom, NJ Gender Identity Discrimination Attorney
Filing a gender identity discrimination claim can feel daunting, but with the right legal support, it doesn’t have to be. Reach out to Castronovo & McKinney, LLC today to begin the process of protecting your rights and standing up against discrimination.
Castronovo & McKinney, LLC offers legal representation to individuals throughout New Jersey, including Folsom, Bergen, Essex, Middlesex, and Morris Counties. Contact us to discuss your case and start the path to justice.