Gender Identity Transgender Discrimination
Gender identity discrimination is prohibited in New Jersey under both federal and state legislation. Despite these protections, many employees still confront discrimination based on their actual or perceived gender identity. If you’re experiencing this injustice, seek guidance from a seasoned workplace discrimination attorney.
At Castronovo & McKinney, LLC, we’re dedicated to shielding employees from gender identity discrimination. Our employment lawyers possess extensive knowledge of relevant anti-discrimination laws and are staunch advocates for the LGBTQ+ community.
What Laws Prohibit Discrimination Based on Gender Identity in Hamilton Township
Gender and sex discrimination is prohibited by both federal law and the New Jersey Law Against Discrimination (NJLAD). In a landmark decision in June 2020, the U.S. Supreme Court affirmed that discrimination based on gender identity constitutes illegal sex-based discrimination under Title VII of the 1964 Civil Rights Act.
This ruling aligns with the Equal Employment Opportunity Commission’s (EEOC) stance, which asserts that Title VII’s prohibition of sex discrimination extends to 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. Notably, New Jersey provides broader legal protections for employees under state law, as it applies to all employers, irrespective of their size.
Unlike Title VII, which applies only to employers with 15 or more employees, the NJLAD covers all employers operating in New Jersey. Furthermore, while federal law mandates filing a complaint with the EEOC before initiating a lawsuit, the NJLAD does not require such administrative action prior to pursuing legal recourse for employment discrimination.
Identifying Gender Identity Discrimination in the Workplace
Discrimination based on gender identity can be overt or subtle; employers have ways of concealing their discriminatory motives. In any event, discrimination 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
- Not stopping harassment of a nonbinary employee
- Retaliating against an employee who complains about gender identity discrimination
In addition, harassment is considered an unlawful form of discrimination under federal and state law. Harassment involves offensive conduct or comments about an employee’s gender identity that is severe or pervasive enough to create a hostile work environment.
How Our Firm Can Help
Experiencing discrimination due to your gender identity can be daunting. Despite the legal safeguards provided by federal and state laws, victims often hesitate to step forward due to fear of embarrassment or retaliation. However, taking legal action against your employer is crucial for safeguarding your rights and may inspire 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 any other instances of discrimination perpetrated by your employer
- Manage all communications with your employer and their legal representatives
- Advocate for a fair and equitable settlement on your behalf
- Provide representation in administrative proceedings and court hearings, if required
Above all, we prioritize your best interests and are committed to safeguarding your employment rights and reputation, both inside and outside the courtroom.
Damages You Can Recover
While each employment discrimination case is unique, you may be entitled to various forms of damages, including:
- Lost wages, covering both past and future earnings (e.g., back pay, front pay)
- Compensation for the value of lost employment benefits, such as health and retirement plans
- Lost bonuses, commissions, and other forms of compensation
- Damages for pain and suffering endured as a result of discrimination
- Compensation for emotional distress caused by the discriminatory actions
- Reimbursement of attorneys’ fees and court costs incurred during legal proceedings
Additionally, equitable remedies may be pursued. For instance, the court might order your employer to reinstate you if you were terminated due to your gender identity. Alternatively, your employer may be required to revise its employment policies and practices and implement training programs aimed at preventing gender identity discrimination in the workplace.
Contact Our Experienced Hamilton Township 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 by your side. Reach out to us today to begin the process of fighting for your rights.
Castronovo & McKinney, LLC is dedicated to assisting 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.