In March, President Trump signed a memorandum that bans transgender individuals with a history of gender dysphoria from serving in the military with certain limited exceptions. Gender dysphoria is also known as gender identity disorder and refers to the distress and discomfort felt by those who identify differently from the gender that was assigned to them at birth (their biological sex). Transgender individuals who do not have a diagnosis of gender dysphoria will be allowed to serve according to the memorandum “like all other service members, in their biological sex”.
The new memorandum is a revised version of an earlier ban that barred any transgender individuals from serving in the U.S. military. It is estimated that there are between 4,000 and 10,000 transgender individuals in the U.S. military both on active and reserve duty.
LGBTQ Discrimination and the Law
While the lesbian, gay, bisexual, transgender and queer communities have made significant inroads towards societal acceptance and civil rights, there is still much work to be done. Title VII of the Civil Rights Act prohibits many types of workplace discrimination including gender discrimination, but it does not explicitly cover sexual orientation or transgender status. The Equal Employment Opportunity Commission (EEOC) has said that because Title VII prohibits gender discrimination, this includes gender identity discrimination as well as discrimination based on sexual orientation.
In New Jersey under the Law Against Discrimination (NJLAD), discrimination in the workplace based on gender identity or sexual orientation is prohibited. Discrimination can take many forms including wrongful termination, demotion, being passed over for promotions and raises, exclusion from a work group or team, inappropriate jokes or treatment that constitute a hostile work environment, or retaliation for coming out as to sexual orientation or gender identity.
Protection against LGBTQ discrimination is still evolving as evidenced by the different rulings made in various courts at the federal level. LGBTQ employees may find that the municipality or contractor where they are employed has stronger discrimination laws than the state or vice versa. Victims of discrimination are strongly advised to seek counsel from an employment law attorney with extensive experience in the area of LGBTQ rights.
Red Bank Employment Discrimination Lawyers at McOmber McOmber & Luber, P.C. Defend the Rights of the LGBTQ Community
Contact the experienced Red Bank employment discrimination lawyers at McOmber McOmber & Luber, P.C. if you are an LGBTQ employee who has experienced discrimination at your place of work. Our compassionate and skilled attorneys will review your case in a free and confidential consultation. Call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, our Newark office at 973-878-9040, or contact us at 888-396-0736 or online for a free consultation. We represent clients throughout New Jersey.
