NJ Sexual Orientation Discrimination Lawyer

New Jersey Attorneys Representing Employees Victimized in the Workplace

While a person’s sexual orientation should not affect his or her employment, in some instances, it does. In New Jersey, discrimination or harassment in the workplace due to a person’s sexual orientation is unlawful, and employers that engage in discriminatory behavior may be held accountable for the harm their actions cause. If your employer treated you adversely due to your sexual orientation, you should speak to an attorney to discuss what claims you may be able to assert in pursuit of compensation.

New Jersey’s Prohibition Against Sexual Orientation Discrimination

The New Jersey Law Against Discrimination (the LAD) explicitly prohibits discrimination in the workplace based on a person’s sexual orientation. Specifically, the LAD provides that it is unlawful for an employer to refuse to hire or employ a person or to terminate a person or require the person to retire due to his or her sexual orientation. It is also unlawful for an employer to discriminate against a person with regards to the terms, conditions, compensation, or privileges of his or her employment, based on the person’s sexual orientation. Moreover, a U.S. Supreme Court decision in June 2020 determined that Title VII, a federal anti-discrimination law, prohibits discrimination based on sexual orientation or gender identity. The Court found that this type of discrimination is essentially a form of discrimination based on gender or sex, which is prohibited under Title VII. A sexual orientation discrimination attorney in New Jersey can explain the state and federal laws that may be applicable to your situation.

Proving a Sexual Orientation Discrimination Claim

In New Jersey, to recover on a sexual orientation discrimination claim, an employee must first set forth evidence sufficient to establish discrimination. In most cases, the employee will not have direct evidence of discrimination. Thus, the employee must produce evidence sufficient to raise a presumption of discrimination. Typically, this requires the employee to show that he or she is a member of a protected class, who was qualified for and performing the essential functions of his or her job, but that he or she was terminated or suffered other adverse employment action, and that other employees not in the protected class did not suffer similar adverse actions.

If an employee meets this burden of proof, the employer must then establish a non-discriminatory, legitimate reason for the adverse employment action against the employee. Even if an employer is able to show it also had a non-discriminatory reason for its actions, the employee may still recover damages if it can show that the reasons were pretextual. This requires the employee to show not only that the employer’s reasons for the adverse action are false, but also that the employer was motivated by discriminatory intent in taking the adverse action against the employee. An employee can demonstrate pretext by producing direct or circumstantial evidence that it is more likely than not that discrimination inspired the employer’s behavior. Discovery is the formal legal process for gathering evidence in an employment discrimination case and a sexual orientation discrimination lawyer in New Jersey may be able to locate electronic records, including text messages, e-mails or other records that could substantiate your claim.

In many instances, an employee discriminated against due to his or her sexual orientation will also be able to pursue a hostile work environment claim as well. In other words, if the employee can show that he or she was subject to conduct due to his or her sexual orientation that a reasonable person would consider so pervasive or severe that it alters the conditions of his or her employment, it may create a hostile work environment, and the employee may be owed compensation.