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New Jersey has some of the strongest workplace protections in the country for LGBTQ employees. The New Jersey Law Against Discrimination prohibits employers from making decisions based on sexual orientation, gender identity, or gender expression, and these protections apply regardless of how federal law is interpreted at any given time. LGBTQ discrimination falls under the firm’s broader employment discrimination practice, which protects Gloucester County workers from unlawful workplace treatment.
Despite this, LGBTQ workers in Gloucester County still report being passed over for promotions, subjected to harassment, or terminated after coming out or transitioning at work. Puff Sierzega & MacFeeters represents these employees when their treatment crosses the line into a violation of state or federal law.
How New Jersey and Federal Law Protect LGBTQ Employees
The LAD covers nearly every private and public employer in the state and applies to hiring, firing, promotions, pay, and day-to-day working conditions. LGBTQ employees are also protected under federal law after the Supreme Court’s decision in Bostock v. Clayton County. An employer cannot deny a promotion because of an employee’s sexual orientation, restrict a transgender employee’s use of facilities consistent with their gender identity, or allow coworkers to harass an employee without addressing it.
These protections exist independently of Title VII, meaning New Jersey employees don’t have to wait on shifting federal interpretations to have a valid claim. Workplace discrimination laws don’t stop at hiring, firing, or making pay decisions. They also protect employees from harassment, meaning offensive comments, unwanted conduct, or a hostile environment tied to a protected characteristic that becomes severe or persistent enough to affect the terms of someone’s employment.
Common Forms of Discrimination
Discrimination against LGBTQ employees does not always look like an outright firing. It often shows up as being excluded from meetings or projects after coming out, receiving disproportionate scrutiny compared to other employees, being misgendered repeatedly despite requests to stop, or facing retaliation after reporting harassment to human resources. Because employers can frame much of this conduct as unrelated to identity, documentation becomes especially important in building a case.
Steps to Take If You Believe You Have Experienced Discrimination
- Write down what happened as soon as possible, including dates, witnesses, and any statements made
- Save relevant emails, messages, or performance reviews that may support your account
- Report the conduct internally if you have not already, since this often becomes part of the record
- Speak with a Gloucester County LGBTQ discrimination attorney before accepting any severance agreement or resignation request
What You May Be Entitled to Recover
Employees who prove a claim under the LAD may be entitled to a range of remedies depending on their case. This can include back pay for lost wages, reinstatement where appropriate, compensation for emotional distress, and, in some cases, punitive damages for particularly egregious conduct. The LAD also allows a prevailing employee to recover attorney’s fees, which can make pursuing a claim more accessible for workers who might otherwise be unable to afford representation.
Speak with a Gloucester County LGBTQ Discrimination Lawyer
If you believe you have faced discrimination at work because of your sexual orientation or gender identity, contact Puff Sierzega & MacFeeters to discuss what happened. Call 856-845-0011 or contact us online to speak with our team about your options.