Sexual Orientation Discrimination in New Jersey

New Jersey Sexual Orientation Discrimination Attorney

Who you are and who you love should have no place in a workplace termination decision, a promotion review, or a performance evaluation. Yet sexual orientation discrimination remains a real and harmful experience for many New Jersey employees. You have strong legal protections under both state and federal law, and you do not have to face this alone. At the Law Office of David H. Kaplan, we represent employees throughout New Jersey who have been subjected to sexual orientation discrimination and fight to ensure every employee is treated with equal dignity in the workplace.

Laws That Protect New Jersey Workers from Sexual Orientation Discrimination

Title VII of the Civil Rights Act

In 2020, the U.S. Supreme Court held in Bostock v. Clayton County that Title VII’s prohibition on sex discrimination extends to discrimination based on sexual orientation and gender identity. This means federal law now prohibits employers with 15 or more employees from discriminating against employees because they are gay, lesbian, or bisexual.

The New Jersey Law Against Discrimination (NJLAD)

New Jersey has explicitly prohibited sexual orientation discrimination in the workplace since 1992, well before federal law caught up. The NJLAD applies to employers with one or more employees and prohibits discrimination, harassment, and retaliation based on sexual orientation. It also protects employees from discrimination based on affectional orientation, which encompasses a broad range of romantic and emotional attractions.

What Does Sexual Orientation Discrimination Look Like?

Sexual orientation discrimination can take many forms, including:

• Being fired or forced out of a job because of your sexual orientation

• Being passed over for a promotion or advancement opportunity in favor of a less qualified straight employee

• Being paid less than similarly situated employees because of your sexual orientation

• Being subjected to derogatory comments, slurs, or jokes about your sexual orientation

• Being outed in the workplace without your consent

• Being excluded from workplace social activities or professional opportunities

• Being harassed or subjected to a hostile work environment based on sexual orientation

• Being retaliated against for reporting sexual orientation discrimination

Sexual Orientation Harassment and Hostile Work Environment

Harassment based on sexual orientation is a form of sexual orientation discrimination under the NJLAD. A hostile work environment exists when unwelcome conduct based on an employee’s sexual orientation is severe or pervasive enough that a reasonable person would find the work environment intimidating, hostile, or offensive. The harassment can come from a supervisor, a coworker, or a third party such as a client or vendor.

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

Under the NJLAD, you generally have two years from the date of the discriminatory act to file a lawsuit. 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 sexual orientation 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

• Attorney’s fees and costs

Frequently Asked Questions

Is sexual orientation discrimination illegal everywhere in the United States?

Under federal law, yes, following the Supreme Court’s 2020 Bostock decision. New Jersey has had explicit state-level protections since 1992, making it one of the earliest states to prohibit sexual orientation discrimination in employment.

What if my employer did not know I was gay — can I still have a claim?

If your employer took adverse action based on a perception or assumption about your sexual orientation, even if incorrect, you may still have a claim. The NJLAD protects employees from discrimination based on perceived sexual orientation as well as actual sexual orientation.

What if the harassment is coming from coworkers, not management?

You can still have a claim. If your employer knew or should have known about the harassment and failed to take prompt corrective action, the employer may be held liable regardless of whether the harasser was a supervisor or a peer.

Can I be discriminated against for being in a same-sex relationship?

Yes, and it is illegal. Discrimination based on the sex of your romantic partner is a form of sexual orientation discrimination protected under the NJLAD.

What should I do if I am being discriminated against because of my sexual orientation?

Start documenting everything: dates, times, what was said or done, and who witnessed it. Save any relevant communications. Avoid confronting your employer without first speaking to an attorney, as this can sometimes affect your options. Contact our office for a free and confidential consultation.