Sexual Orientation LGBT
Discrimination based on sexual orientation is prohibited in New Jersey under the New Jersey Law Against Discrimination (LAD). The LAD not only safeguards sexual orientations but also extends protection to transgender identities and gender expressions, all falling under the umbrella of sexual orientation.
New Jersey law shields employees from discrimination based on “sexual or affectional orientation,” encompassing both sexual and romantic attractions towards certain genders.
- Heterosexuality, which is an attraction to people of the opposite gender
- Homosexuality, which is an attraction to people of the same gender
- Bisexuality, which is an attraction to people of both genders
- Transgender, which is a person whose gender identity and/or expression differs from the sex they were assigned at birth or;
- Gender Identity or Expression, which is an internal, personal sense of being a man or a woman, or an external showing of one’s gender identity, usually through ‘masculine’ or ‘feminine’ haircut, attire, voice, or body characteristics
The New Jersey Division on Civil Rights (DCR) oversees the enforcement of the LAD and identifies specific protected “sexual orientations,” including heterosexuality, homosexuality, bisexuality, transgender identity, and gender identity or expression.
Employers are prohibited from taking adverse actions against employees due to any of these characteristics. Such actions may include refusal to hire, termination, harassment, unequal salary, or unfair treatment in employment conditions, as outlined by the DCR.
Furthermore, the LAD extends protection against discrimination based on “perceived” sexual orientation. A notable case in New Jersey involved a police officer who was denied promotion due to his supervisor’s false perception of his sexual orientation, resulting in a substantial lawsuit settlement.
Victims of sexual orientation discrimination in New Jersey can pursue claims through the New Jersey Division on Civil Rights within 180 days of the last discriminatory act or through judicial channels in the Superior Court within two years
Contact Our Experienced Hamilton Township Sexual Orientation Discrimination Law Attorneys
At Castronovo & McKinney, we have a proven history of successfully resolving sexual orientation discrimination claims in and out of the courtroom. Trust our legal team to always work in your best interests and make sure your rights are protected. Contact us today so we can start working on your case.