Northern New Jersey

Gender Discrimination Lawyer

Examples of Gender Discrimination in the Workplace

New Jersey’s Law Against Discrimination (LAD) protects individuals from various forms of employment discrimination based on gender identity or gender expression. Gender identity or expression discrimination occurs when your work-related rights and privileges are affected because of “your gender identity or expression or your transgender status.” You have the protection of gender discrimination laws if you are a member of any of the following groups of people:

  • People who express or identify themselves to the public as a gender that does not match their birth certificate
  • Individuals who have undergone surgery or treatment to change some or all of their sex characteristics
  • Individuals who are in the process of transitioning to another gender

It is important to note that this is not an exclusive list of people who are eligible for protection from discrimination.

Discrimination can include being denied a job, promotion, equal pay, or any other job benefits. Examples of gender discrimination could include:

  • Receiving demeaning comments or offensive gestures related to your gender
  • Being forced to use a bathroom for a gender you do not identify with
  • Being fired or facing disciplinary actions for undergoing sex confirmation surgery
  • Instances of misgendering or using the wrong pronoun for a trans person

This list does not include all possible forms of discrimination in the workplace. If you believe you have faced discrimination in a different form than those listed above, you should consider speaking with an attorney about filing a workplace discrimination claim in New Jersey.

When Can You Sue for Gender Discrimination?

Under New Jersey law, gender discrimination becomes illegal when committed in conjunction with an employment opportunity. Gender discrimination in employment situations applies from the advertisement of a position all the way to the discharge of the employee.

An employer cannot use discriminatory criteria when hiring or firing an employee, when deciding on employee wages, or when determining employment benefits. If an employer refuses to hire an individual because of their gender, they must provide the applicant with a justification that shows the criteria was reasonably necessary to the normal operation of the business. This standard cannot be used to disqualify applicants based on client preferences or gender stereotypes. If you were fired, demoted, denied benefits, or otherwise treated unfairly due to your gender, you may have grounds to file a claim under various state and federal laws.

Note that private clubs, associations, and organizations are generally exempt from New Jersey’s Law Against Discrimination.

Damages Available for Gender Discrimination in New Jersey

If you believe that you have been a victim of gender discrimination in the workplace, one of the first actions you should take is to communicate this sentiment to the person or employer who caused the discrimination. If the person does not rectify the situation after you communicate that their gender-related behaviors are having a negative impact on you or your work, you should contact an experienced gender discrimination attorney like Usmaan Sleemi for help understanding your legal options.

The Division on Civil Rights enforces NJ’s Law Against Discrimination. The Division allows you to file a claim within 180 days of the discrimination and determines whether you have a cause of action under the LAD. A discrimination lawyer can help prepare and file this claim for you.

Damages (compensation) for gender discrimination are dependent upon the situation. For example, a job applicant who proves they were discriminated against because of their gender may be placed in the position he or she was unfairly denied. However, this is an optional remedy, as many people may not want to work in a position if they believe they will still face discrimination. Claimants may also receive damages for pain, humiliation, or emotional distress caused by the illegal discrimination. Reasonable attorney fees are also awarded if the claimant was represented by counsel.

NJ’s Law Against Discrimination also protects employees who face retaliation for reporting or filing a complaint about gender discrimination. The LAD protects your right to file a claim without fear of punishment or reprisals.

Northern New Jersey Gender Discrimination Attorney Usmaan Sleemi Can File Your Claim

If you or a loved one was a victim of gender discrimination in New Jersey, speak with employment discrimination attorney Usmaan Sleemi immediately. The Law Offices of Usmaan Sleemi can help you recover the compensation you deserve because of gender discrimination. Whether a case involves employment discrimination for a business you work for or have applied for, Mr. Sleemi will work tirelessly to hold discriminatory individuals and businesses accountable for their actions. To schedule a free consultation, call (973) 453-4060, or contact the Law Offices of Usmaan Sleemi online.

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Law Office of Usmaan Sleemi

New Jersey Office:
90 E Halsey Rd,
Suite 309,
Parsippany, New Jersey 07054

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