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McOmber McOmber & Luber

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Cherry Hill LGBT Lawyers: Recourse for LGBT Workers Facing a Hostile Work Environment

February 3, 2017 by Red Bank Legal

The New Jersey Law Against Discrimination (NJLAD) protects workers from discrimination based on several protected categories including: race, color, nationality, marital status, gender identification, and sexual orientation. NJLAD prevents employers from terminating, harassing, or penalizing employees because they identify as any of those categories. NJLAD also protects employees from being subjected to a hostile work environment.

For some, a hostile work environment means having to work for an unpleasant supervisor or with an irritating coworker. However, in order to violate the NJLAD, a hostile work environment must meet certain legal criteria. A hostile work environment involves discrimination against one of the protected categories. LGBT workers who are passed over for earned bonuses or promotions simply because of their sexual orientation are victims of a hostile work environment. Discriminatory behavior must show the victim is targeted specifically because they are LGBT.

Offensive, targeted discriminatory behavior that continues over time without any employer intervention is illegal. Repeated, inflammatory jokes at an LGBT worker’s expense constitute a hostile work environment. Employees who experience discrimination should document and report each and every incident to a supervisor. If the employer refuses to intervene, further action needs to be taken.

When discrimination becomes so pervasive and unbearable that the victim is unable to do their job, a hostile work environment exists. Upper management may not even be aware of the abusive behavior. An employer must be afforded the opportunity to correct the situation. If a victim of workplace discrimination asked the offensive employee to stop their behavior and reported it to management with no resolution, they can then seek the assistance of an LGBT lawyer.

Cherry Hill LGBT Lawyers at McOmber McOmber & Luber, P.C. Represent Victims of Discrimination in New Jersey

 Discrimination should not prevent any employee from doing their job. LGBT workers who are subjected to a hostile work environment do have recourse. Cherry Hill LGBT lawyers at McOmber McOmber & Luber, P.C. are passionate about fighting workplace discrimination. Call our South Jersey offices today at 856-985-9800 or complete our simple online contact form to schedule a free initial consultation. With offices in Red Bank and Marlton, New Jersey, the employment lawyers at McOmber McOmber & Luber, P.C. proudly serve clients across New Jersey, including Camden County, Burlington County, Gloucester County, Atlantic County, and the towns of Cherry Hill, Atlantic City, Haddonfield, Marlton, and Camden.

 

Filed Under: Employment Lawyers, Employment Discrimination, Uncategorized, LGBTQ

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