The NJLAD protects all New Jersey employees from discrimination based on sexual orientation, gender identity, and gender expression — including employees who are perceived to be LGBTQ+ even if that perception is mistaken. The law applies to all employers in New Jersey regardless of size, making its protections accessible to employees who may not be covered by the federal Title VII threshold.
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.
To bring a successful sexual orientation discrimination claim, you generally need to establish the following, but you don't need to have this all figured out before you call:
You are LGBTQ+, identify as a particular gender, or express your gender in a way that was known or perceived by your employer. Protection extends to perceived sexual orientation or gender identity even when the employer's perception was incorrect.
You were meeting the legitimate expectations of your employer at the time of the adverse action.
Your employer took a materially negative action against you — termination, demotion, failure to promote, hostile work environment, or a change in the terms or conditions of your employment.
The adverse action was connected to your sexual orientation, gender identity, or gender expression. This can be shown through timing, comparisons to how similarly situated non-LGBTQ+ employees were treated, and statements or conduct revealing bias.
Sexual orientation 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.
