Monmouth County Gender Discrimination Lawyer
The problem of gender discrimination gained a good deal of public attention when the United States Supreme Court decided in 2020 that federal law prohibiting discrimination on basis of sex also covered sexual orientation and gender identity. Essentially, an employer cannot fire, punish, or refuse to hire someone because they are transgender or do not “conform” to a particular view of gender expression.
Even before the Supreme Court’s decision, New Jersey state law already protected workers from discrimination based on sexual orientation, gender identity, and gender expression. So if you have faced an adverse employment decision for any of these reasons and need legal advice, the experienced Monmouth County gender discrimination lawyers at Poulos LoPiccolo PC are here to help. We represent clients who have been unfairly targeted in the workplace because of who they are as opposed to how they actually perform their jobs.
Protecting Your Gender Identity and Gender Expression in the Workplace
The terms “gender identity” and “gender expression” are used to denote how a person chooses to present themselves publicly without respect to any sex they were assigned at birth. It does not necessarily mean someone is transitioning from their assigned sex. For instance, a person may present as male yet choose to adopt clothing and mannerisms more traditionally associated with females.
Gender discrimination occurs whenever an employee is singled out for negative treatment due to their failure to conform to the employer’s expectations of gender. To give a simple example, an employer cannot require an employee who presents or expresses themselves as female to dress and “act like” a male. Nor can an employer fire or refuse to hire someone based on how that person chooses to identify or present their gender.
An employer can further be held responsible for gender-based harassment in the workplace. For instance, if a transgender employee is consistently subject to teasing, slurs, or other bigoted remarks by colleagues, that can create a “hostile work environment,” which is itself a form of gender discrimination under the law. Even if management does not directly participate in such harassment, the employer may be legally liable if it is notified of the problem and fails to put a stop to it.
Experienced Gender Discrimination Lawyers Serving Ocean, Monmouth & Middlesex County
As with any employment discrimination case, if an employer is found responsible for gender discrimination, the affected employee or job applicant can seek a variety of monetary damages, including back pay and benefits, emotional distress, pain and suffering, and legal fees and court costs. In some cases an employer may even be ordered to rehire an employee who was wrongfully terminated or demoted.
The important think to take away is that there are legal options available to you if you have been the target of gender discrimination in the workplace. But the first step is to contact a skilled New Jersey gender discrimination lawyer who can review your case. Contact Poulos LoPiccolo PC today to schedule an initial consultation with a member of our team.