Here in New Jersey, lesbian, gay, bisexual, and transgender (LGBT) people have the same work rights and responsibilities as heterosexuals. The initials LGBT emphasize a diversity of sexuality and gender identity. In New Jersey, LGBT people enjoy strong protection from unlawful employment discrimination in all its forms. 

Since the late 1960’s, workplace discrimination against LGBT people has become less acceptable and less tolerated. A series of statutory protections and court decisions, both state and federal, have enlarged the areas of lesbian, gay, bisexual, and transgender protection.

At a time when all families struggle to stay afloat, far too many gay and transgender Americans are fired from their jobs or denied employment based simply on their sexual orientation or gender identity. As a consequence, these workers experience staggeringly high rates of discrimination and harassment on the job and all too often lack access to essential workplace benefits for themselves and their families.

Discrimination is still a harmful reality for far too many gay and transgender workers in the United States, and it is a reality that imposes significant emotional and financial pain on them and their families. But discrimination is not only problematic for gay and transgender victims of discrimination.

Public sector discrimination against gays and transgender workers does not make good sense for governments or for taxpayers, who end up paying the costs associated with workplace discrimination.

In an economy that is struggling to make its way back on top, with cities, counties, and states facing severe budget shortfalls, we cannot afford bad business practices that cause inefficient use of precious taxpayer dollars. In a country that is rooted in the values of fairness and hard work, we must end practices that do not give every worker—regardless of sexual orientation and gender identity—a fair shot.

Federal Ban on LGBT Harassment & Discrimination

The regulation of LGBT employment discrimination in the U.S. varies by jurisdiction. Many, but far from all, states and localities ban any type of bias in hiring, promotion, job description, dismissal, and rate of compensation, as well as harassment on the basis of one’s sexual orientation or gender identity. 

In 1998 President Bill Clinton signed an executive order adding “sexual orientation” to the federal government’s Equal Employment Opportunity policy. Under the Obama administration, the federal government added “gender identity” to the government’s Equal Employment Opportunity policy in 2010. And in 2010 President Barack Obama issued memoranda requesting all federal departments and agencies to extend whatever workplace benefits they can under federal law to gay employees
and their same-sex partners.

These changes could be seen as a victory for LGBT activists, who have been advocating for greater workplace protections for years.  These Executive Orders apply to employees of the United States, the District of Columbia, the U.S Postal Service, and all general civilian employees of the U.S. Armed Forces, but not to certain exempted services, such as the Central Intelligence Agency, National Security Agency, or the Federal Bureau of Investigation.  

New Jersey Recognized for “Working towards Innovative Equality”

The Human Rights Campaign and the Equality Federation have studied legal protections in place for LGBT people around the country.  They deemed New Jersey among the top seven surveyed states, along with Washington D.C., which earned the highest identified acknowledgement for "Working towards Innovative Equality." 

New Jersey Law Against Discrimination

New Jersey’s Law Against Discrimination stipulates that an employee shall be free from all intimidation, harassment, and hostility because of sexual orientation and gender identity.  The law explains affectional or sexual identification as male or female heterosexuality, homosexuality, or bi-sexuality by ideals, practice, identity or expression, having a history of or being seen as, or presumed or identified by others as having such an identity.

Hostile Work Environment

A "hostile work environment" based upon sexual orientation or gender identity occurs when an employee is subjected to harassing and unwelcome behavior due to the employee’s sexual orientation or gender identity, when a reasonable person of the same sexual orientation or gender identity would consider the behavior sufficiently severe or pervasive to adversely change the conditions of employment.

If an employer knows or should know of the hostile work environment, the employer is legally required to stop and remediate the problem. The employer’s failure to stop and remediate the problem immediately joins the employer to the misconduct.  The employer is looked at as having participated with the harasser in making the working environment hostile and sending the harassed and offended employee a message that such harassment is acceptable. 

Retaliation Prohibited for Sexual Orientation or Gender Identity Complaints

It is illegal to retaliate against an employee for making complaints concerning sexual orientation or gender identity. To sustain a claim for retaliation based upon sexual orientation or identity, an employee must have made a good faith complaint about improper behavior and suffered negative employment action as a result of such complaint.

Under the New Jersey Law Against Discrimination, it is an illegal employment practice to take reprisal against any person because he or she has complained of an act or practice outlawed by the New Jersey Law Against Discrimination, including complaints of sexual orientation or gender identity discrimination.

Conclusion

If you are the victim of workplace discrimination, whether for LGBT reasons or otherwise, you should consult with an experienced employment law attorney for workers, a “compassionate counsel and tough advocate”, someone who understands your issues, the law, and the remedies you may expect.  You should not try to deal with these circumstances alone.  We have represented workers in employment discrimination and retaliation cases for close to 20 years.

Please call or write us today.  Make an appointment to speak to us at a reduced rate initial consultation.  We will gather the facts, discuss the law, and give you our considered opinion as to the best path you could take.  That may involve negotiations, mediation, arbitration, a trip to the EEOC, or a court filing.

We welcome your inquiries.