Sexual Orientation Discrimination

Trenton NJ Sexual Orientation Discrimination Lawyers

Law Firm with Offices in Trenton and Pennington, New Jersey

There is absolutely no excuse for employment discrimination on the basis of sexual orientation. Workers should not have to worry about being victimized in the workplace simply because they do not conform to conventional gender norms. Although employers are generally free to hire and fire employees at their own discretion, they cannot discriminate against employees, or applicants, on the basis of an employee’s protected characteristic. In New Jersey, these protected categories include race, sex, age, disability, and sexual orientation. This means that anyone who is gay, lesbian, bisexual, transgender, or LGBT is protected against employment discrimination in New Jersey. If you have been wrongfully terminated or otherwise negatively treated because of your sexual orientation, you should speak with an experienced lawyer.

Kamensky Cohen & Riechelson is a highly respected law firm with a rich tradition in New Jersey and Pennsylvania. Our lawyers have more than 40 years of experience handling employment discrimination claims throughout Mercer County, NJ, including Lawrence, Ewing, and West Windsor. Call KCR today to speak with one of our experienced litigators about your sexual orientation discrimination claim.

Laws Prohibit Sexual Orientation Discrimination in Mercer County NJ

At the federal level, a sexual orientation or gender discrimination claim must be tethered to a sex discrimination claim. There is no explicit protection for sexual orientation under Title VII of the Civil Rights Act of 1964. Unfortunately, this makes it extremely difficult for victims of sexual orientation discrimination in the workplace to seek remedies through federal agencies.

At the state level, the New Jersey Law Against Discrimination recognizes that every worker in the State of New Jersey has a right to earn a paycheck without being victimized or discriminated against. The statute explicitly protects the rights of gay, lesbian, bisexual, and transgender workers by prohibiting discrimination on the basis of sexual orientation. The statute also protects an employee against workplace harassment based on the employee’s sexual orientation.

Gender Discrimination in Princeton NJ

Keep in mind that the New Jersey law against sexual orientation discrimination broadly covers gender stereotypes. This is important because it is not always easy to identify sexual orientation discrimination in the workplace. Some employers will treat an employee differently because they don’t conform to traditional gender roles. For example, female employees might be expected to wear feminine clothing such as dresses and heels. If the employer uses the worker’s clothing and style choices as pretext to discriminate on the basis of sexual orientation, it might be possible for the worker to file a sexual orientation discrimination claim.

Additionally, New Jersey law protects workers against discrimination based on either real or perceived sexual orientation. This means that it does not matter whether the employee is actually gay; the mere perception that the employee is gay is enough to qualify the employee for protected status under the law. Even if the employee is incorrectly believed to be gay, they are eligible for protection under the LAD.

Call a Hamilton NJ Sexual Orientation Discrimination Attorney

The employment law team at Kamensky Cohen & Riechelson will fight to get you the justice you deserve. Call us now to discuss your sexual orientation discrimination case, or fill out the online contact form to schedule a free, no-obligation consultation at our Trenton or Pennington offices.

Contact Kamensky Cohen & Riechelson

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