The NJLAD protects all New Jersey employees from discrimination based on sex, gender identity, and gender expression — regardless of employer size. Title VII extends the same protections to employees of employers with 15 or more employees. Both laws protect men and women, as well as employees who are nonbinary or who do not conform to gender stereotypes.
If you are a member of this protected class — or your employer perceived you to be — and you experienced adverse treatment, you may have a claim.
What you need to show depends on the type of gender discrimination claim. You do not need to have all of this figured out before you call. That is what the case evaluation is for.
You are a member of a protected class based on sex, gender identity, or gender expression; you were qualified and meeting your employer's expectations; you suffered an adverse employment action; and gender was a motivating factor in that action. This is often shown through comparisons to how similarly situated employees of a different gender were treated.
You performed work substantially equal to that of an employee of a different gender in terms of skill, effort, and responsibility under similar working conditions, and you were paid less. The burden then shifts to the employer to show the pay difference was based on a legitimate factor other than gender — such as seniority, merit, or productivity — and the employer's explanation must hold up under scrutiny.
Gender discrimination often overlaps with other employment claims. If any of the following also describe your situation, you may have more than one claim worth pursuing.
