Sexual identity discrimination persists in New Jersey workplaces, despite the fact that discrimination based on sexual orientation and gender identity is illegal. If you have been treated differently by an employer because of your actual or perceived sexual identity, it takes an experienced employment discrimination attorney to protect your rights.
At Castronovo & McKinney, LLC, our practice is dedicated to fighting discrimination in all its forms. Despite the advance of LGBTQ rights in New Jersey and around the country, lesbian, gay, bisexual, queer, and trans individuals continue to face discrimination in workplaces across multiple industries.
Well-versed in the applicable anti-discrimination laws, our legal team is here to protect your rights in and out of the courtroom. We have extensive experience pursuing administrative complaints, settlement negotiations, and litigation and a proven history of achieving positive outcomes.
When you become our client, your claim will be handled by a dedicated New Jersey discrimination attorney who will fight for the compensation you deserve. Contact our Morristown or Manhattan office today to get started.
Representing Victims of Sexual Identity Discrimination in New Jersey
The first thing to know is that sexual identity discrimination is a violation of federal and state law, including:
- Title VII of the Civil Rights Act of 1964 (Title VII)
- The New Jersey Law Against Discrimination (LAD)
By virtue of a landmark U.S. Supreme Court ruling in 2020, discrimination based on sexual orientation or gender identity is considered an unlawful form of sex-based discrimination. Moreover, sexual identity is a protected characteristic under the LAD.
Identifying Sexual Identity Discrimination in the Workplace
Employers in New Jersey are prohibited from discriminating against employees and job candidates based on their actual or perceived sexual identity by:
- Refusing to hire a candidate based on sexual identity
- Terminating an employee once he/she/they become aware of their sexual identity
- Denying any employment benefit to an LBGT employee or candidate
- Harassing an employee due to his/her /their sexual identity
- Retaliating against an employee who files a complaint
In addition, discrimination may involve harassment by supervisors or coworkers, offensive comments about LGBTQ individuals, denying promotions due to sexual orientation or gender identity, or treating employees differently after discovering their sexual identity. No matter how it occurs, we believe no one should tolerate sexual identity discrimination in the workplace.
Why You Need a Sexual Identity Discrimination Attorney
Being subjected to discrimination in the workplace because of your sexual orientation or gender identity can be overwhelming. You may be wondering: What happens if I complain? Will anyone believe me? Will I get fired?”. You should know that your employer cannot retaliate against you (e.g. firing, demotion) for complaining about sexual identity discrimination.
Nonetheless, taking legal action against your employer is not easy, and the process can be complicated and confusing. The best way to protect your rights is to have the powerful representation Castronovo & McKinney provides. Let us handle all the details of your claim, including:
- Conducting an extensive investigation
- Identifying and interviewing witnesses
- Collecting evidence (e.g. personnel records, emails, chat dialogs)
- Handling all communications with your employer and opposing counsel
- Negotiating a favorable settlement
- Filing a lawsuit if necessary
Our accomplished employment discrimination lawyers are equally adept at handling administrative complaints and arbitration proceedings and litigating in the state courts. While many employment-related disputes settle before trial, we are prepared to provide you with aggressive courtroom representation to achieve the best possible outcome. Above all, we will work in your best interests at all times and fight to protect your right to earn a living.
Damages You Can Recover in a Claim
Although no two cases are the same, you may be entitled to just compensation that includes damages such as:
- Back pay
- Front pay
- Lost benefits (e.g. health, retirement plans)
- Lost bonuses, commissions, other compensation
- Pain and suffering
- Emotional distress
- Attorneys’ fees/and court costs
In addition, equitable remedies, such as requiring the employer to take specific action (e.g. reinstatement) may be available. Given the challenges of pursuing a claim, it is crucial to work with an experienced employment discrimination lawyer.
Contact Our Experienced New Jersey Discrimination Attorneys
If you believe that you have been subjected to discrimination in the workplace because of your sexual identity, you probably have concerns about your rights, your reputation, and your future. Our attorneys will address your concerns by providing you with informed representation and caring, efficient service. Trust us to work in your best interests at all times and treat you with the dignity, respect, and compassion you deserve. Contact us now to see how we can help.
Castronovo & McKinney, LLC helps clients with their sexual idenitity 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.