Gender Discrimination in New Jersey

New Jersey Gender Discrimination Attorney

Your gender, gender identity, or gender expression should never determine how you are treated at work: what you are paid, whether you are promoted, or whether you get to keep your job. When it does, it is discrimination, and New Jersey law gives you powerful tools to fight back. At the Law Office of David H. Kaplan, we represent employees throughout New Jersey who have been subjected to gender discrimination and fight to hold employers accountable.

Laws That Protect New Jersey Workers from Gender Discrimination

Title VII of the Civil Rights Act

Title VII prohibits employers with 15 or more employees from discriminating against employees or job applicants on the basis of sex. Federal courts and the Equal Employment Opportunity Commission have interpreted Title VII to also prohibit discrimination based on gender identity and sexual orientation.

The New Jersey Law Against Discrimination (NJLAD)

The NJLAD provides broader protections than Title VII. It applies to employers with one or more employees and explicitly prohibits discrimination based on sex, gender identity, and gender expression. The NJLAD also prohibits pay discrimination based on gender and requires equal pay for substantially similar work.

What Does Gender Discrimination Look Like?

Gender discrimination can take many forms in the workplace, including:

• Being paid less than colleagues of a different gender for substantially similar work

• Being passed over for promotions or leadership opportunities in favor of less qualified employees of a different gender

• Being assigned less desirable tasks, shifts, or territories based on gender

• Being held to different performance standards than colleagues of a different gender

• Being subjected to stereotyping — for example, being penalized for not conforming to expectations about how someone of your gender should look or behave

• Being harassed or subjected to a hostile work environment based on sex or gender

• Being terminated or demoted following a pregnancy, parental leave, or a gender transition

Gender Identity and Expression Discrimination

The NJLAD explicitly protects employees from discrimination based on gender identity and gender expression. This means it is unlawful for an employer to discriminate against a transgender or nonbinary employee, or against any employee who does not conform to gender stereotypes. Protected conduct includes using a preferred name or pronouns, presenting in a manner consistent with one's gender identity, or undergoing a gender transition.

Pay Discrimination Based on Gender

New Jersey's Diane B. Allen Equal Pay Act strengthens protections against pay discrimination beyond what federal law requires. Under this law, employers cannot pay employees who are members of a protected class — including women — less than employees outside that class for substantially similar work, unless the difference is based on a seniority system, a merit system, or a factor other than a protected characteristic. Employees who prevail in equal pay claims may be entitled to recover up to six years of back pay.

What Is the Statute of Limitations for Gender Discrimination in New Jersey?

Under the NJLAD, you generally have two years from the date of the discriminatory act to file a lawsuit. For equal pay claims under the Diane B. Allen Act, the limitations period may differ. For federal Title VII claims, you must file a charge with the EEOC within 300 days.

What Damages Can I Recover?

Employees who prevail in gender discrimination cases in New Jersey may be entitled to recover:

• Back pay and lost benefits

• Front pay or reinstatement

• Compensatory damages for emotional distress

• Punitive damages in cases of egregious conduct

• Up to six years of back pay in equal pay claims under the Diane B. Allen Act

• Attorney's fees and costs

Frequently Asked Questions

Does gender discrimination only affect women?

No. Gender discrimination protections apply to employees of all genders. Men, nonbinary individuals, and transgender employees are all protected under the NJLAD.

Is it gender discrimination if I was passed over because I am pregnant?

Pregnancy discrimination is a form of sex discrimination and is independently prohibited under both the NJLAD and federal law. We handle pregnancy discrimination claims on a separate page. Learn more here.

What if my employer pays me less than a male colleague doing the same job?

You may have a claim under both the NJLAD and New Jersey’s Diane B. Allen Equal Pay Act. Pay discrimination based on gender is illegal, and the remedies available under New Jersey law are among the strongest in the country.

Can I be discriminated against for not conforming to gender stereotypes?

Yes, and it is illegal. Penalizing an employee for not meeting expectations about how someone of their gender should look, speak, or behave is a form of gender discrimination under both the NJLAD and Title VII.