Employees of varying sexual orientations have the same rights as anyone to work in an environment free of discrimination and harassment. When we go to work, we hope that our employer and supervisors will work to offer us a safe place to do business. When a business allows offensive behavior and other actions that can be considered discriminatory, they are breaking the law. If you have been the victim of sexual orientation discrimination, you need to protect your rights. The Mark Law Firm, LLC is here to serve victims of discrimination. When that discrimination is based on sexual orientation, contact a firm that can effectively represent your interests.
New Jersey law prohibits discrimination based on sexual orientation or gender identity in many different contexts, including employment, housing, and places of public accommodation. In an employment setting, discrimination based on an employee’s sexual orientation is governed by the New Jersey Law Against Discrimination ( NJ LAD). The NJ LAD covers employment actions that may arise anytime between when a worker applies to a job and the conclusion of his or her employment. Hiring and firing practices, the determination of wages and benefits, the way in which an employee’s work is appraised, and any other questionable conduct that occurs during the course of a worker’s employment can create a cause of action under the NJ LAD if the conduct has a discriminatory motivation.
Under the NJ LAD, discrimination based on an employee’s sexual orientation or gender identity can occur in several instances. Sexual orientation discrimination applies equally to males and females and includes individuals with a variety of sexual orientations or identities, including:
Additionally, discrimination based on sexual orientation does not have to be based on the employee’s actual sexual orientation, but can, instead, simply be based on the perception of the employee’s sexual orientation. Examples of sexual orientation discrimination include:
If you are the victim of sexual orientation discrimination, you have a lot to consider about your future. In order to hold your employer accountable for discriminatory actions, victims have the right to file a complaint through the Division of Civil Rights (DCR). The Division of Civil Rights will allow individuals to exercise their rights through judicial actions. They may be awarded punitive damages in addition to other remedies, including job reinstatement with back pay and interest, equal pay, attorney fees, and other applicable expenses for exercising his or her rights.
In order to prove discrimination under the NJ LAD, an employee must demonstrate through direct or circumstantial evidence that the employer has discriminated against him due to sexual orientation. The employer can rebut your evidence and provide evidence of a legitimate, non-discriminatory reason for the conduct. Once the employer shows evidence contrary to your claims, you must be able to show that the employer’s proof is only a “pretext” for the conduct and that the underlying motivation was really discriminatory.
If you are the victim of discrimination based on your sexual orientation, you have a lot to consider and having the right representation is integral to your case. The NJ LAD offers victims protection and action when faced with discrimination. The law also has a high legal standard that must be met in order to win a case. The Mark Law Firm, LLC has over 15 years of experience working with victims of discrimination. If you need passionate advocacy and effective representation, contact The Mark Law Firm, LLC today.