New York & New Jersey Gender and Sexual Orientation Discrimination Lawyers

Both federal and state laws protect people from being discriminated against in the workplace based on their gender or sexual orientation. Federal workers are protected from discrimination based on sexual orientation as part of the Civil Service Reform Act of 1978 (CRSA). Federal law does not protect against discrimination based on sexual preference in the private sector.

New York and New Jersey both have state laws that address discrimination based on sexual orientation in private workplaces. New Jersey goes one step further and prohibits discrimination in the workplace based on gender identity as well.

If you believe that you have been discriminated against on the basis of your gender identity or sexual orientation, contact the New York/New Jersey gender and sexual orientation discrimination lawyers at the Ginarte law firm today by calling 888-GINARTE (446-2783), or fill out our online contact form. There is no charge for your initial consultation and case review.

New York and New Jersey Laws on Sexual Orientation Discrimination

In 2003, New York passed the Sexual Orientation Non-Discrimination Act (SONA). Legally speaking, the act did no more than add the words “sexual orientation” to the New York State Human Rights Law that prohibits discrimination under other protected categories such as age, race and religion. However, from a practical standpoint, it put an end to an employer’s ability to make decisions based on an individual’s sexual orientation.

New Jersey Statutes Annotated Section 10:5-4 is the New Jersey equivalent of New York’s SONA. This statute makes it illegal to discriminate in the workplace based on sexual orientation in New Jersey. The New Jersey statute also includes gender identity as a protected category.

What is Gender or Sexual Orientation Discrimination?

Sexual orientation or gender identity discrimination in the workplace can take many forms. An individual can experience discrimination from recruitment to termination of employment. If an employer makes decisions based on your actual or perceived sexual orientation or gender identity, it could be considered illegal discrimination.

Examples of what could be gender or sexual orientation discrimination in the workplace include the following:

• Being passed over during the recruitment phase for a job based on your gender identity or sexual orientation.
• Not being offered a position based on your sexual orientation or gender identity.
• Being overlooked for a raise based on sexual orientation or gender identity.
• Being denied benefits based on gender identity or sexual orientation.
• An employer firing you because of your sexual orientation or gender identity.
• Harassment in the form of unwanted and/or offensive comments, physical contact or jokes in the workplace based on your sexual orientation or gender identity.

It is important to understand that a victim of discrimination based on sexual orientation or gender identity may be homosexual, bisexual or heterosexual. Whenever an employer treats you differently based on your sexual orientation or your perceived sexual orientation, then it could be illegal discrimination.

Contact Our NY/NJ Sexual Orientation Discrimination Attorneys Today

From a legal standpoint, it can be difficult to know whether your employer’s conduct rises to the level of illegal discrimination. If you believe you have been the victim of sexual orientation or gender identity discrimination, the best thing to do is to consult with an experienced workplace discrimination attorney. You could be entitled to compensation for your economic damages, such as lost wages, as well as for the emotional pain and suffering you have endured as a result of the defendant’s conduct.

Contact the team at Ginarte Gonzalez  & Winograd to find out what legal options you may have. With eight offices conveniently located in the New York/New Jersey metropolitan area, we have an office near you. Contact the firm today by calling 888-GINARTE (446-2783) for your free consultation, or fill out our online contact form.