NJ Gender Discrimination Lawyer

New Jersey Attorneys Helping Employees Assert Their Legal Rights

People have the right to receive equal treatment at work, regardless of their gender, but unfortunately, gender-based discrimination and harassment is rampant in many workplaces throughout New Jersey. The law protects people from adverse treatment based on their gender, however, and individuals who are victims of gender discrimination have a right to seek compensation. If you believe you were subjected to adverse treatment at work due to your gender, you may have a legal claim against your employer. The assertive New Jersey gender discrimination lawyers of Resnick Law Group possess the skills and experience needed to help you pursue justice, and we will fight vigorously on your behalf. We regularly represent employees in discrimination lawsuits in New Jersey,

Protections Against Gender Discrimination

Gender discrimination is prohibited by both state and federal law. Specifically, the LAD (New Jersey Law Against Discrimination) offers broad protections for employees, making it unlawful to subject a person to harassment or discrimination in the workplace based on their gender expression or gender identity. The LAD also protects employees who are affected by pregnancy, affording them workplace accommodations and protection against discrimination. Similarly, Title VII of the Civil Rights Act of 1964 bars discrimination in the workplace on the basis of sex. As defined by Title VII, “on the basis of sex” includes not only sex but also pregnancy and childbirth. Additionally, Title VII can provide protection against discrimination based on a person’s gender identity or sexual orientation in many courts.

Establishing Discrimination Based on Gender

Gender discrimination occurs when an employer adversely affects a person’s employment due to the person’s gender. A gender discrimination attorney serving New Jersey can assess the facts of your case to determine if you may have a claim in this context. For example, if an employer reduces the duties or pay of a pregnant woman or a woman who has recently given birth, it may constitute gender discrimination. Similarly, if an employer has a policy in place that at first glance is gender-neutral on its face, but places people of a certain gender at a disadvantage, it may also be discriminatory. It is important to note that not all victims of gender discrimination are women. Rather, men can be subject to gender discrimination as well. Additionally, the person acting in a discriminatory manner does not have to be the opposite gender of the victim.

Generally, a plaintiff alleging a claim of gender-based discrimination must first establish that he or she was performing his or her job duties at the level sufficient to meet the employer’s expectations, but that his or her employment was adversely affected anyway because of his or her gender. Typically, a plaintiff in a gender discrimination lawsuit must rely on circumstantial evidence, such as remarks made by his or her supervisor, or the promotion of a less qualified person of the opposite gender, to demonstrate discrimination. A New Jersey gender discrimination lawyer can help you gather all pertinent evidence in support of your allegations that your employer’s conduct was unlawful.

After the plaintiff offers evidence of discrimination, the burden then shifts to the employer, who can defeat the plaintiff’s claim by establishing that it had a legitimate reason for the acts that adversely affected the plaintiff’s employment. If the employer sets forth sufficient evidence that it had a legitimate reason for its behavior, the burden then shifts back to the plaintiff, who must then establish that the employer’s reason is a pretext and that the real reason was discrimination. In other words, the plaintiff must show that the employer’s allegedly legitimate reason is merely an excuse for his or her discriminatory acts. If a plaintiff is successfully able to establish gender discrimination, he or she may recover damages for lost wages he or she may have suffered, as well as emotional distress damages, attorney’s fees, possibly punitive damages, and if he or she was terminated, may have his or her job and benefits reinstated.