McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501

What NJ state laws protect me from LGBTQ+ discrimination in the workplace?

In addition to federal law, if you work in New Jersey, NJ state laws such as the Law Against Discrimination (LAD) offer broad protection from workplace discrimination based on sex, gender identity or expression, and sexual orientation.   

Employers cannot discriminate against you based on being LGBTQ+ in the following areas: 

  1. Recruitment, job postings, interviews, hiring 
  2. Promotions 
  3. Terminations 
  4. Compensation 
  5. All terms and conditions of employment 

Often an employer or supervisor may try to disguise their actions against you as a legitimate business decision. Experienced legal counsel recognizes this tactic as “pretext,” meaning that was not the employer’s true motive. It is up to the employee to prove pretext which is why it is important to obtain qualified legal counsel. 

Related FAQs

  • What is LGBTQ+ discrimination?

    LGBTQ+ discrimination involves treating someone unfavorably because of that person’s sexual orientation or gender identity, including transgender status.

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  • What does the LGBT Bar do?

    The LGBT Bar provides much needed support to its members in a variety of ways. For example, it assists prospective LGBTQ+ judicial candidates to become judges, ensures law schools employ best practices to make LGBTQ+ students feel safe on campus, and hosts the annual Lavender Law Conference, the largest LGBTQ+ legal conference in the country.   

    Read More

  • Do LGBTQ+ workplace protection laws also protect me from being harassed on the job?

    Yes. Just as the LAD prohibits an employer from discriminating against protected groups in the workplace, it also prohibits employers from creating hostile work environments. If you believe your employer, supervisor or coworker is harassing you because of your LGBTQ+ status, and it is severe or pervasive, they are likely violating the LAD and you should report the conduct immediately.  

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  • How can employers create policies and procedures to protect LGBTQ+ employees?

    The first suggestion for how to update policies and procedures to protect LGBTQ+ employees is review existing harassment, discrimination, and equal employment opportunity documents. Make updates if necessary to ensure they encompass protections for LGBTQ+ individuals when considering sex as the motivating characteristic.

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  • What federal laws protect me from LGBTQ+ discrimination in the workplace?

    Thanks to the U.S. Supreme Court’s recent decision in Bostock v. Clayton County, Georgia, employers are prohibited from terminating employees because they are gay or transgender. The Court held that the language “on the basis of sex” in Title VII of the Civil Rights Act of 1964 banned discrimination of gay and transgender persons.  Prior to this ruling, the “basis of sex” language was interpreted to focus solely on gender, meaning male or female. 

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  • What is the National LGBT Bar Association?

    The National LGBT Bar Association (“LGBT Bar”) is a group of lawyers, judges, activists and affiliated gay, lesbian bisexual and transgender organizations that was created to promote “justice in and through the legal profession for the LGBTQ+ community in all its diversity.” 

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  • What Does President Biden’s Executive Order on Enabling All Qualified Americans to Serve Their Country in Uniform Do?

    The order explicitly declares that gender identity is not a bar to military service. Additionally, it officially revokes President Trump’s Presidential Memorandum on Military Service by Transgender Individuals.

  • Does New Jersey Have Protections Against LGBTQ+ Discrimination?

    Yes, New Jersey has protections against LGBTQ discrimination The New Jersey Law Against Discrimination (NJLAD) includes extensive and broad protections against discrimination in the workplace. The law prohibits employers from discriminating against their employees on the basis of sexual orientation and gender identity, among other qualifications.

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