Facing LGBT harassment at work because of your sexual orientation or gender identity can feel incredibly painful and isolating. Yet you are not alone—and you do have rights. Both federal and New Jersey laws forbid unfair treatment or harassment of LGBT employees, and understanding these protections is the first step toward standing up for yourself.
What Does LGBT Harassment Look Like?
Harassment can take many forms: It could look like crude jokes, derogatory slurs, or offensive comments about your identity. It can also involve unwelcome questions about your personal life, repeated misgendering, or exclusion from workplace events. Even if someone wrongly assumes you are lesbian, gay, bisexual, or transgender, that bias is still illegal if it creates a hostile or offensive environment.
Which Federal Law Protects Me?
Title VII of the Civil Rights Act of 1964 protects employees from discrimination “because of sex,” a category the U.S. Supreme Court has interpreted to include sexual orientation and gender identity. In the landmark 2020 decision Bostock v. Clayton County, the Court held that firing or harassing someone for being LGBT is unlawful sex discrimination—and this protection covers workplaces with 15 or more employees across the country.
How Does New Jersey Law Help LGBT Workers?
New Jersey’s Law Against Discrimination (NJLAD) goes even further: It explicitly bans discrimination based on sexual orientation, gender identity or expression, and HIV/AIDS status, no matter how many people your employer has. The NJLAD also requires employers to take prompt action when harassment is reported and allows you to seek state-level remedies, like emotional distress damages or ‘punitive’ awards.
When Should You Speak Up?
If you experience harassment, trust your instincts. Document each incident with dates, times, and descriptions of what happened—and note any witnesses. Follow your company’s complaint process by reporting the behavior to HR or to your supervisor. Even if management does not take swift action, your complaints form an important record for any future legal claim.
Can You File a Formal Complaint?
Yes. You can file a charge with the Equal Employment Opportunity Commission (EEOC) under Title VII or with New Jersey’s Division on Civil Rights (DCR) under the NJLAD. Both agencies investigate complaints and may pursue legal action on your behalf. In New Jersey, you have two years from the date of the last incident to file.
Are Retaliation Protections in Place?
Absolutely. Both federal and state laws prohibit employers from punishing you for reporting harassment. “Retaliation”—such as demotion, reduced hours, or termination—is illegal. If you face any adverse action after speaking up, that could be a separate claim for retaliation under Title VII and the NJLAD.
What Compensation Can You Seek?
Successful claims may let you recover back pay for lost wages, front pay if your job is gone, emotional distress damages, punitive damages, and legal fees. New Jersey often offers broader remedies than federal law, so filing under both statutes can be advantageous.
How Can a Lawyer Help?
Navigating the legal process can feel overwhelming when you are already dealing with harassment. An experienced employment lawyer can guide you through documenting incidents, filing complaints with the EEOC or the DCR, and negotiating with your employer. If your case goes to court, your lawyer will fight for maximum compensation and work to hold your employer accountable.
Protect Your Workplace Rights with a South Jersey LGBT Harassment Lawyer at The Law Offices of Leo B. Dubler, III, LLC
If you have endured LGBT harassment at work, you deserve not only respect but also justice. A South Jersey LGBT harassment lawyer at The Law Offices of Leo B. Dubler, III, LLC, understands the emotional toll of workplace discrimination. We have helped clients secure millions in compensation, and we bring our trademark tenacity and compassion to every case. With office locations in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in Cherry Hill, Burlington County, Camden County, and South Jersey. To schedule a free consultation to discuss your situation, call us today at 856-235-7075 or fill out our online form.