Asexual Discrimination

Individuals who are asexual, or do not experience sexual attraction to anyone of any gender, make up about 1 percent of the population. Asexual individuals are not necessarily celibate and can still enjoy healthy relationships. Asexuality is sometimes called the ‘invisible orientation’ and does not get the kind of exposure that gay, lesbian, or transgender individuals do. As a result, many asexual individuals feel ignored or disbelieved. However, asexuality is a recognized and legitimate sexual orientation, and asexual individuals, just like any other members of the LGBT community, are protected against employment discrimination by state and federal laws.

LGBT discrimination in the workplace, including asexual discrimination, is unfortunately a prevalent problem in New Jersey despite increased societal acceptance of LGBT individuals in recent years. According to Catalyst, 22% of LGBT Americans have not been paid equally or promoted at the same rate as their peers, almost half (46%) are closeted in the workplace, and over half (53%) have heard jokes, slurs, or stereotypes at work. With offices in Red Bank, NJ, Marlton, NJ, Newark, NJ, New York, NY, and Philadelphia, PA  the employment discrimination lawyers at McOmber McOmber & Luber, P.C. are dedicated to fighting for the rights of the asexual community.

Protections Against Asexual Discrimination in the Workplace Under NJ State Law

The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination based on a person’s sexual orientation. The NJLAD prohibits discrimination based on, among other traits:

• Sex
• Familial status
• Marital status
• Domestic Partnership or civil union status
• Affectional or sexual orientation
• Gender identity or expression
• Genetic information
• AIDS or HIV status

Despite this state law, many asexual individuals are still unfortunately subject to workplace discrimination, including harassment, wrongful termination and retaliation. According to American Progress, between 15% and 43% of LGBT employees have experienced some form of harassment in the workplace. Asexual individuals who have experienced such workplace discrimination may have been:

• Demoted, unfairly disciplined, or fired because they are asexual.
• Denied promotions or other advancement opportunities based on their sexuality.
• Denied access to facilities or resources in the workplace due to their sexuality.
• Given differential treatment or compensation because of their sexual orientation.
• Subject to inappropriate jokes, remarks, stereotyping, or other behavior that contributes to a hostile work environment, for example if coworkers joke or assume that an
• asexual coworker is a closeted homosexual, just got out of a bad relationship, or ‘just needs to find the right person.’
• Discriminated based on gender expression, such as their clothing, manner of speaking or mannerisms.
• Retaliated against for coming out regarding their gender identity.
• Subject to sexual harassment based on their sexual orientation.

At McOmber McOmber & Luber, P.C., our attorneys believe that all employees are entitled to a workplace that is free from discrimination. While LGBT rights have expanded in the past few years, there is still much to be accomplished. Our NJ asexual discrimination lawyers fight to obtain maximum compensation for those affected by workplace discrimination.

Asexual Discrimination and the June 2020 Supreme Court Decision

In a historic 6-3 decision on June 15, 2020, the Supreme Court ruled that an employee cannot be fired for their sexual orientation under federal law (Bostock v. Clayton County, Georgia, No. 17-1618 (S. Ct. June 15, 2020)[1]). This case was brought by three workers in Georgia who claimed that they were fired from their jobs because they were gay or transgender. By focusing on the plain text of Title VII of the Civil Rights Act, the Court determined that “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” For example, if an employer fires a man who is married to a man, but would not fire a woman who is married to a man, they are taking action because of gender.

While workers in roughly half the country had previously been protected by local laws that prevented asexual or other LGBT discrimination, this was the first-time employers were barred from firing LGBT employees on a federal level. This development is a milestone for the asexual community and is sure to have wide-ranging effects on sexual orientation discrimination cases in New Jersey and across the country.

Filing A Complaint for Asexual Discrimination

New Jersey employees who have experienced workplace discrimination on the basis of sexual orientation may file a complaint in the New Jersey Superior Court or with the Division of Civil Rights (DCR), a New Jersey state agency. Filing with DCR is not required and an employee may sue her employer directly in Superior Court. Before filing a complaint, employees who feel they have been the victim of asexual discrimination should contact McOmber McOmber & Luber, P.C. first to discuss your rights and various options.

How New Jersey Employers Can Prevent Asexual Discrimination in the Workplace

Employers should be aware of applicable federal and state laws to avoid sexual orientation or gender identity-based discrimination claims. It is the responsibility of an employer to take proactive measures to prevent, investigate, address, and defend any possible claims of asexual discrimination. If it is determined that unlawful discrimination occurred, companies and their administrators may be subject to statutory penalties or ordered to take affirmative action to remedy the discrimination.

To avoid legal penalties and ensure that you are taking appropriate steps to prevent and correct unlawful workplace discrimination, it is imperative to contact a knowledgeable attorney who can provide sound advice regarding your responsibilities under employment law.

Remedies And Penalties for Asexual Discrimination in NJ

If you have been the victim of asexual discrimination in the workplace, you may be entitled to relief, including reinstatement, hiring, upgrading, back pay and damages for pain and humiliation. The New Jersey LGBT discrimination lawyers at McOmber McOmber & Luber, P.C. are experienced in exploring all legal options for asexual discrimination claims. You can reach us at our Red Bank office at 732.842.6500, at our Marlton office at 856.985.9800, Newark office at 973.878.9040, at our New York office at 929.566.1300, at our Philadelphia office at (267).777.7800, toll free at 888.396.0736, or through our online contact form to discuss your case, and our law firm will help you every step of the way in seeking justice for unlawful asexual discrimination in the workplace.