Sexual Orientation Discrimination

New Jersey’s discrimination law is a break-through piece of legislation that prohibits discrimination based on sexual orientation. It is one of the first laws in the country to protect employees based on sexual orientation.

Employees are first protected from harassment that is based on sexual orientation. Gay or lesbian employees are protected from offensive remarks because of their sexual orientation. If an employee is subjected to offensive remarks or conduct based on sexual orientation, an employee can sue based on a hostile work environment. An employee must show that the harassing behavior is severe or pervasive. A single remark that involves offensive language can sometimes be viewed as “severe” enough to create a hostile work environment. The term “pervasive” refers to many remarks or actions over a period of time.

An employer is barred from considering the sexual orientation of its workers when making employment decisions. If an employer treats workers differently because of their sexual orientation, that employer may be subject to liability under New Jersey’s discrimination law. Examples of sexual orientation discrimination can include differences in pay or promotion. They can also include differences in the way that employees are evaluated or disciplined. To prove such cases, a victim of sexual orientation discrimination often must show how other employees (i.e., straight) were treated preferentially.

Ron Wronko is an experienced NJ sexual orientation discrimination lawyer. For instance, he successfully resolved a claim in Freehold Township, Monmouth County, New Jersey in a case in New Jersey Superior Court, Monmouth County for $265,000. He also handled another claim in Hackensack, New Jersey in New Jersey Superior Court, Bergen County for $125,000. If you would like an initial telephone consultation on a potential sexual orientation or discrimination claim, please call (973) 360-1001.