Gender identity discrimination is forbidden in New Jersey by federal and state law. However, employees continue to face discrimination because of their actual or perceived gender identity. If this is happening to you, consult an experienced workplace discrimination attorney.
At Castronovo & McKinney, LLC, we are committed to protecting employees from gender identity discrimination. Our employment lawyers have comprehensive knowledge of the applicable anti-discrimination laws and are widely known for supporting the LGBTQ+ community.
When you meet with us, you will find a welcoming environment where you can make informed decisions about the next steps. While many employment discrimination cases settle through negotiations, we will take your fight to the courts if necessary. Above all, we will treat you with compassion and dignity and protect your rights. Contact our office today for a consultation.
What Laws Prohibit Discrimination Based on Gender Identity in New Jersey
Gender identity discrimination violates 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 under Title VII of the 1964 Civil Rights Act (Title VII) because it constitutes sex-based discrimination.
The court’s ruling confirms the position of the Equal Employment Opportunity Commission (EEOC). The agency has held that Title VII’s prohibition of sex discrimination prohibits employment discrimination based on gender identity.
In 2006, New Jersey lawmakers amended the NJLAD to include protections against discrimination for individuals based on their gender identity or expression. Employees in New Jersey have stronger legal protections under state law than federal law because it covers all employers, regardless of their number of employees.
By contrast, Title VII only applies to employers with 15 or more employees. Federal law requires you to file a complaint with the EEOC before bringing a lawsuit. The NJLAD does not require you to pursue an administrative complaint before filing an employment discrimination lawsuit.
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
Being subjected to discrimination because of your gender identity is frightening. Despite the legal protections under federal and state law, victims may be reluctant to come forward because they are embarrassed or worried about being fired. Taking legal action against your employer is never easy, but it’s the best way to protect your rights and may even empower others to fight back against gender identity discrimination.
Trust Castronovo & McKinney to guide you through the process and handle all the details of your claim. Our legal team will:
- Conduct a thorough investigation
- Interview witnesses, including supervisors and coworkers
- Collect personnel records of your employment history
- Uncover other incidents of gender identity discrimination by your employer
- Take over communications with your employer and their attorneys
- Negotiate a fair and just settlement
- Represent you in administrative and court proceedings if necessary
Above all, we will put your best interests first and protect your employment rights and reputation in and out of the courtroom.
Damages You Can Recover
No two employment discrimination cases are the same. However, you may be awarded damages such as:
- Lost wages (e.g., back pay, front pay)
- The value of lost employment benefits (e.g., health, retirement plans)
- Lost bonuses, commissions, and other compensation
- Pain and suffering
- Emotional distress
- Attorneys’ fees and court costs
Equitable remedies may also be available. The court could order your employer to reinstate you after firing because of your gender identity. The court could also order your employer to revise its employment and practices and implement training programs to prevent gender identity discrimination.
Contact Our Experienced New Jersey Gender Identity Discrimination Attorney
Pursuing a gender identity discrimination claim may seem daunting. But it doesn’t have to be as long as you have the powerful representation we provide. Contact us now so we can start working on your claim.
Castronovo & McKinney, LLC helps clients with their gender identity discrimination claims throughout New Jersey including Bergen County, Essex County, Middlesex County, and Morris County as well as the cities Hackensack, Newark, New Brunswick, and Morristown.