Everyone deserves to work in an environment where they are respected and treated fairly, regardless of their sexual orientation or gender identity. Unfortunately, sexual orientation and LGBT discrimination still occur in many workplaces, affecting hiring decisions, promotions, workplace interactions, and even job security. If you’ve experienced discrimination based on your sexual orientation or LGBT status in Egg Harbor Township, you have legal rights. An experienced employment lawyer can help you fight for justice and ensure your rights are protected.
What is Sexual Orientation & LGBT Discrimination?
Sexual orientation discrimination occurs when an employer treats an employee or job applicant unfavorably because of their real or perceived sexual orientation, including being lesbian, gay, bisexual, or heterosexual. LGBT discrimination encompasses unfair treatment based on sexual orientation as well as gender identity and expression.
Legal Protections Against Sexual Orientation & LGBT Discrimination
Both federal and state laws protect employees from discrimination based on sexual orientation and gender identity:
- Title VII of the Civil Rights Act of 1964: In the landmark case Bostock v. Clayton County (2020), the U.S. Supreme Court ruled that discrimination based on sexual orientation or gender identity is a form of sex discrimination, making it illegal under federal law.
- New Jersey Law Against Discrimination (NJLAD): Provides even broader protections, explicitly prohibiting discrimination based on sexual orientation, gender identity, or expression in all employment-related matters.
Examples of Sexual Orientation & LGBT Discrimination in the Workplace
Discrimination can be overt or subtle, and it may affect various aspects of employment. Examples include:
- Hiring Bias: Refusing to hire someone based on their sexual orientation or perceived LGBT status.
- Harassment: Subjecting employees to offensive jokes, slurs, or derogatory comments related to their sexual orientation or gender identity.
- Unequal Pay: Paying LGBT employees less than their heterosexual counterparts for the same work.
- Retaliation: Punishing an employee for reporting discrimination or supporting an LGBT colleague.
- Denial of Benefits: Refusing to provide spousal or partner benefits to same-sex couples.
- Hostile Work Environment: Allowing a culture where discriminatory behavior is tolerated or ignored.
Recognizing Subtle Signs of Discrimination
Discrimination isn’t always obvious. Some subtle signs may include:
- Exclusion from meetings, projects, or professional development opportunities
- Unwarranted negative performance reviews after disclosing sexual orientation
- Inconsistent application of workplace policies or disciplinary actions
- Frequent microaggressions or inappropriate comments related to LGBT identity
What to Do If You Experience Sexual Orientation or LGBT Discrimination
If you believe you’ve been subjected to discrimination based on your sexual orientation or LGBT status, take the following steps to protect your rights:
- Document the Discrimination: Keep detailed records of discriminatory incidents, including dates, times, individuals involved, and any witnesses.
- Review Company Policies: Check your employer’s anti-discrimination and harassment policies to understand how to report issues internally.
- File an Internal Complaint: Report the discrimination to your HR department or supervisor, and follow up in writing to create a record.
- Seek Legal Advice: If your complaint is ignored or if you face retaliation, consult an experienced employment lawyer to explore your legal options.
How an Employment Lawyer Can Help
Proving discrimination can be challenging, especially when employers deny wrongdoing. An experienced employment lawyer can:
- Evaluate your case to determine if your rights were violated under federal and state laws
- Help gather evidence, such as emails, performance reviews, and witness statements
- File complaints with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR)
- Negotiate settlements for lost wages, emotional distress, and punitive damages
- Represent you in court if your case proceeds to litigation
Why Choose Castronovo & McKinney?
When facing sexual orientation or LGBT discrimination in the workplace, you need legal advocates committed to Protecting Your Rights. Castronovo & McKinney, LLC has extensive experience representing employees in discrimination cases throughout Egg Harbor Township and New Jersey. Their legal team is dedicated to holding employers accountable and securing justice for individuals who have experienced unfair treatment based on their sexual orientation or gender identity.
Take Action Today—Don’t Let Discrimination Go Unchallenged
Everyone deserves to work in an environment where they are respected for who they are. If you’ve experienced sexual orientation or LGBT discrimination in the workplace, don’t hesitate to seek legal support. Contact Castronovo & McKinney today to schedule a consultation and protect your rights.
Contact Information
New Jersey Office:
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office:
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781