Understanding the Protections for LGBTQ+ Employees Under New Jersey Law

Did you know that nearly 40% of LGBTQ+ employees in the U.S. report experiencing discrimination at work? From biased hiring practices to hostile work environments, these challenges persist despite significant legal progress.

In New Jersey, the New Jersey Law Against Discrimination (NJLAD) offers some of the strongest protections for LGBTQ+ employees in the country. Whether addressing workplace harassment, ensuring accommodations, or preventing wrongful termination, NJLAD works to create inclusive workplaces. At Swartz Swidler LLC, we’re committed to helping employees protect their rights and achieve workplace equality.

 

Federal vs. New Jersey LGBTQ+ Protections

Aspect	Federal Protections (Title VII)	New Jersey Protections (NJLAD)
Scope	Applies to employers with 15+ employees.	Applies to all employers, regardless of size.
Protected Traits	Sexual orientation and gender identity.	Sexual orientation, gender identity, and expression.
Facility Access	Not explicitly addressed in federal law.	Guarantees access to facilities matching gender identity.
Filing Deadlines	EEOC complaint must be filed within 300 days.	NJDCR complaint must be filed within 180 days.
Remedies Available	Back pay, emotional distress compensation.	Additional remedies include mandatory training and policy changes.

 

 

1. The New Jersey Law Against Discrimination (NJLAD)

The NJLAD prohibits discrimination in all aspects of employment, including hiring, firing, compensation, and promotions. Its protections explicitly cover sexual orientation, gender identity, and gender expression.

Key Protections Under NJLAD:

• Employment Practices:
  • Employers cannot deny jobs, promotions, or equal pay based on LGBTQ+ status.
  • Compensation and benefits must be equitable for all employees.
• Access to Facilities:
  • Employees are entitled to use restrooms and other facilities that align with their gender identity.
• Anti-Harassment:
  • Prevents harassment that creates a hostile work environment, including persistent misgendering or derogatory remarks.

Unlike federal laws such as Title VII, which apply only to employers with 15 or more employees, NJLAD applies to all employers in New Jersey, regardless of size.

2. Recent Developments in LGBTQ+ Employee Protections

The Babs Siperstein Law (2018)

This landmark New Jersey law strengthened protections for transgender individuals by:

• Ensuring legal name and gender marker changes are reflected in workplace records.
• Prohibiting discrimination against individuals undergoing gender transitions.

Bostock v. Clayton County (2020)

The U.S. Supreme Court ruled that Title VII of the Civil Rights Act protects employees from discrimination based on sexual orientation and gender identity. This decision complements New Jersey’s robust protections under NJLAD and sets a national standard for workplace equality.

3. Common Challenges LGBTQ+ Employees Face

Despite strong legal protections, LGBTQ+ employees often encounter:

• Hostile Work Environments:

  • Persistent microaggressions, such as offensive jokes or subtle exclusions.
  • Overt harassment from colleagues or supervisors.

• Denial of Accommodations:

  • Refusal to provide access to gender-neutral restrooms.
  • Failing to respect pronouns or chosen names.

• Retaliation:

  • Negative actions, such as demotions or terminations, after reporting discrimination or harassment.

• Lack of Inclusive Policies:

  • Employers without clear anti-discrimination policies or LGBTQ+-specific training may allow harmful workplace cultures to persist.

4. Employer Obligations Under NJLAD

Inclusive Policies:

• Develop clear anti-discrimination policies covering LGBTQ+ protections.
• Include language about gender identity and expression in employee handbooks.

Training Programs:

• Conduct diversity and inclusion training for all employees, including cultural competence training focused on LGBTQ+ rights.
• Ensure HR teams are equipped to handle complaints with sensitivity and fairness.

Reasonable Accommodations:

• Provide access to gender-neutral restrooms and ensure employees undergoing transitions receive appropriate support.
• Address accommodation requests promptly and without retaliation.

5. Steps for LGBTQ+ Employees to Protect Their Rights

If you believe your employer has violated your rights under NJLAD, here’s what you can do:

1. Know Your Rights:

   • Familiarize yourself with NJLAD protections and federal laws, such as Title VII.

2. Document Incidents:

   • Keep a detailed record of discriminatory actions, noting dates, times, and witnesses.
   • Save emails, messages, or any documentation that supports your case.

3. File a Complaint:

   • Submit a formal complaint to the New Jersey Division on Civil Rights (DCR) within 180 days of the incident.
   • File a complaint with the EEOC for additional federal protections.

4. Consult an Attorney:

   • Legal representation strengthens your case and ensures you receive fair compensation.

6. Filing a Complaint and Seeking Remedies

Filing with the DCR:

• Process: Submit a detailed online or in-person complaint describing the incident.
• Remedies May Include:
  • Monetary damages for lost wages or emotional distress.
  • Policy changes within the organization.
  • Reinstatement or adjustments to workplace practices.

Legal Representation:

An attorney can:

• Provide strategic advice to strengthen your case.
• Represent you during mediation or litigation.
• Ensure you receive fair compensation for your experience.

7. Case Studies and Success Stories

• Case Study 1: Fighting Harassment
  A transgender employee faced persistent misgendering by colleagues. With legal assistance, they filed a complaint under NJLAD, resulting in a settlement that included compensation and mandatory diversity training for the employer.
• Case Study 2: Ensuring Accommodations
  After a nonbinary employee was denied access to gender-neutral restrooms, their employer revised workplace policies, implemented diversity training, and updated restroom facilities.

8. Resources for LGBTQ+ Employees

• Garden State Equality: Advocacy, education, and community support for LGBTQ+ individuals.
• Lambda Legal: Legal guidance and resources on LGBTQ+ workplace rights.
• Swartz Swidler LLC: Expert legal representation for discrimination cases tailored to LGBTQ+ employees.

Conclusion

New Jersey’s NJLAD and federal laws like Title VII provide LGBTQ+ employees with strong protections against workplace discrimination and harassment. However, enforcing these rights requires understanding the laws and taking action when violations occur.

At Swartz Swidler LLC, we’re here to fight for equality in every workplace. Contact us today for a free consultation, and let’s work together to ensure your rights are protected.

 

Frequently Asked Questions

 

Q1: Does NJLAD protect LGBTQ+ employees working remotely?

• A: Yes, NJLAD protections apply to employees working remotely for New Jersey-based employers, regardless of their location.

Q2: What types of workplace actions are considered discriminatory under NJLAD?

• A: Discrimination includes unfair treatment in hiring, promotions, compensation, termination, or harassment based on sexual orientation, gender identity, or gender expression.

Q3: How can I prove workplace discrimination?

• A: Keep detailed records of incidents, including dates, times, emails, or witness accounts. Documentation strengthens your case when filing a complaint.

Q4: Can an employer deny me access to facilities that align with my gender identity?

• A: No, under NJLAD, employers must allow employees to use facilities consistent with their gender identity.

Q5: What should I do if I face retaliation after filing a complaint?

• A: Document retaliatory actions and consult with an attorney immediately to address this violation under NJLAD.

Key Statistics About LGBTQ+ Employee Protections

• Discrimination Prevalence: A recent study found that 40% of LGBTQ+ employees experience workplace discrimination in their careers.
• Complaint Outcomes: Over 75% of NJLAD complaints filed with the NJDCR in 2023 led to policy revisions or monetary compensation.
• Federal-Reported Cases: The EEOC handled over 1,800 LGBTQ+ discrimination cases in 2023 under Title VII.
• Economic Impact: Discrimination costs U.S. businesses approximately $8.9 billion annually due to employee turnover and lost productivity.
• Policy Gaps: A survey revealed that 30% of employers in New Jersey lack explicit LGBTQ+ protections in their employee handbooks.

Resources for LGBTQ+ Employees

1. New Jersey Division on Civil Rights (NJDCR)
   Website: https://www.nj.gov/oag/dcr/
   Role: Handles discrimination complaints and provides information on NJLAD protections.
2. Equal Employment Opportunity Commission (EEOC)
   Website: https://www.eeoc.gov/
   Role: Enforces federal anti-discrimination laws, including LGBTQ+ protections under Title VII.
3. Garden State Equality
   Website: https://www.gardenstateequality.org/
   Role: Advocates for LGBTQ+ rights and offers support to individuals facing discrimination.
4. Lambda Legal
   Website: https://www.lambdalegal.org/
   Role: Provides legal assistance and resources for LGBTQ+ individuals nationwide.

 

Know Your Workplace Rights as an LGBTQ+ Employee – Download Your Free Guide

New Jersey has strong legal protections for LGBTQ+ employees, ensuring equal treatment, protection against discrimination, and fair workplace policies. If you’ve faced harassment, wrongful termination, or unequal opportunities, you have legal options to protect your rights.

Our free guide, “Your Rights at Work: A Guide to LGBTQ+ Protections Under New Jersey Law,” explains your workplace rights, legal protections, and steps to take if you experience discrimination.

📥 Download your free copy now and stay informed about your rights. Click here to access the guide.