As a rule of thumb, all employers should treat all their employees equally. For one, this should be regardless of an employee’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristics, despite the sex assigned to that employee at birth. But unfortunately, transgender employees are still reported to be marginalized in the workplace setting. Read on to discover the protections for transgender employees and how a seasoned employment discrimination attorney in Gloucester County, NJ at The Vigilante Law Firm, P.C. can help you in ensuring that these protections are respected.
What are the protections for transgender employees in the state of New Jersey?
Generally speaking, the state of New Jersey holds that every employee may either openly acknowledge or keep confidential information about their gender identity, at their discretion. This applies to employees that are either cis-gender, transgender, gender non-conforming, non-binary, or any other gender identity or expression.
More specifically, the New Jersey Law Against Discrimination (LAD) prohibits workplace discrimination and harassment of an employee based on their actual or perceived gender identity or expression, including being or being perceived as transgender, non-binary, or gender non-conforming. In addition, the LAD requires that employees be treated in a way that is consistent with their gender identity. And also, the LAD prohibits an employer from retaliating against an employee for exercising or attempting to exercise these rights.
What should I do if my protections as a transgender employee are violated?
First of all, the discrimination or harassment of transgender employees can be minorly or majorly seen in a variety of instances. Examples include the following:
- An employer refuses to hire you simply because you do not fit their perceived construct of what gender looks like.
- An employer demotes you upon discovering your gender identity or expression.
- An employer fires you upon discovering your gender identity or expression.
- An employer enforces strict rules regarding which gender can use which bathroom in the workplace.
- A supervisor requests to reassign you after discovering your gender identity or expression.
- A supervisor expresses their belief that your transitioning is “insulting” or “unnatural.”
And so, if you find yourself in any of the above instances, or anything to a similar effect, then you must immediately retain the services of one of the competent New Jersey employment lawyers. We will do everything in our power to fight against this injustice and to recover your damages from a careless employer.
In general, the statute of limitations for an employment discrimination claim in the state of New Jersey is two years. This means that you have two years from the date of the adverse employment action to bring forward your lawsuit. So before it is too late, give our firm a call.