LGBT Discrimination Attorney in NJ

New Jersey LAD Protections for LGBT Employees

The New Jersey Law Against Discrimination (LAD), codified at N.J. Rev. Stat. 10:5-1 et seq., prohibits employment discrimination based on actual or perceived sexual orientation, gender identity, and gender expression. The LAD covers employees who are perceived to be LGBT even if they don’t identify as such. It applies to all New Jersey employers regardless of size, reaching every aspect of the employment relationship: hiring, firing, pay, promotions, scheduling, and all other terms and conditions of work.

The LAD also extends protections to characteristics that can mask LGBT-based bias, including marital status, civil union status, domestic partnership status, and AIDS or HIV status. At the federal level, Title VII of the Civil Rights Act of 1964 provides an additional layer. Following the U.S. Supreme Court’s decision in Bostock v. Clayton County, federal law’s prohibition on sex discrimination has been interpreted to include sexual orientation and gender identity. The LAD generally goes further than Title VII, which is why state law is often the stronger vehicle for these claims in New Jersey.

Forms of LGBT Workplace Discrimination

Discrimination doesn’t always look like a firing. Under the LAD, any material change to the terms or conditions of employment based on sexual orientation or gender identity is unlawful. These actions can take many forms:

• Direct adverse actions: Termination, demotion, transfer, pay reduction, or exclusion from benefits
• Passive discrimination: Failing to promote, withholding a raise or bonus, or denying access to training and advancement opportunities
• Hiring bias: Refusing to hire an applicant because of their sexual orientation, gender identity, or expression
• Discriminatory layoffs: Using a reduction in force as cover for targeting LGBT employees

Hostile Work Environment Claims for LGBT Employees

A hostile work environment is a legal standard under the LAD, not just a description of unpleasant conditions. It exists when harassment based on sexual orientation or gender identity is severe or pervasive enough that a reasonable person would find it alters the conditions of employment. Offensive slurs, derogatory remarks, intimidation, social isolation, degrading materials, and verbal or written abuse can all contribute to a hostile environment claim.

New Jersey employers have an affirmative obligation to prevent this type of harassment and to stop it when they know or should know it’s occurring. That duty applies whether the harassment comes from a supervisor, a coworker, or a third party such as a vendor or customer. When an employer fails to act, they can be held liable under the LAD.

Retaliation Under the LAD

Under N.J.S.A. 10:5-12(d), the LAD prohibits retaliation against any employee who reports, opposes, or cooperates in an investigation of LGBT discrimination or harassment. This protection extends beyond LGBT employees themselves. Any employee who speaks up against unlawful LGBT discrimination is protected, regardless of their own sexual orientation or gender identity.

Retaliation can take the form of termination, demotion, schedule changes, pay cuts, reassignment, or other adverse actions taken after a protected complaint. That retaliatory conduct is separately actionable under the LAD, and available damages can include back pay, front pay, reinstatement, and compensation for harm caused by the retaliation.