Everyone deserves to work in an environment where they are respected and valued, regardless of their gender identity or expression. Unfortunately, gender identity and transgender discrimination remains a significant issue in many workplaces, affecting hiring practices, promotions, pay equity, and even basic workplace respect. If you’ve experienced discrimination based on your gender identity in Egg Harbor Township, you have legal rights. An experienced employment lawyer can help you fight for justice and ensure your rights are protected.
What is Gender Identity and Transgender Discrimination?
Gender identity discrimination occurs when an employer treats an employee or job applicant unfavorably because of their gender identity or gender expression. This includes discrimination against individuals who identify as transgender, non-binary, or gender non-conforming. Discrimination can happen during the hiring process, in the workplace, or during termination.
Legal Protections Against Gender Identity Discrimination
Both federal and state laws protect employees from gender identity and transgender discrimination:
- Title VII of the Civil Rights Act of 1964: In 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that discrimination based on gender identity or transgender status is a form of sex discrimination, making it illegal under federal law.
- New Jersey Law Against Discrimination (NJLAD): Provides even broader protections, explicitly prohibiting discrimination based on gender identity or expression in all employment-related matters.
Examples of Gender Identity & Transgender Discrimination in the Workplace
Discrimination can take many forms, both overt and subtle. Common examples include:
- Hiring Bias: Refusing to hire someone because they are transgender or non-binary.
- Misgendering: Deliberately using the wrong name or pronouns after being corrected.
- Unequal Pay: Paying transgender employees less than their cisgender counterparts for the same work.
- Harassment: Tolerating or participating in derogatory comments, jokes, or behaviors related to an employee’s gender identity.
- Denial of Benefits: Refusing to provide health coverage or benefits to transgender employees that are offered to others.
- Bathroom Discrimination: Denying employees access to restrooms that align with their gender identity.
- Retaliation: Punishing employees for reporting discrimination or supporting a colleague who has filed a complaint.
Recognizing Subtle Signs of Gender Identity Discrimination
Not all discrimination is overt. Some signs to watch for include:
- Being consistently overlooked for promotions despite qualifications
- Receiving negative performance reviews after coming out as transgender or non-binary
- Exclusion from team activities, meetings, or professional opportunities
- Unjustified disciplinary actions following requests for accommodations
What to Do If You Experience Gender Identity Discrimination
If you believe you’ve been subjected to gender identity discrimination, take the following steps to protect your rights:
- Document the Discrimination: Keep detailed records of discriminatory incidents, including dates, times, individuals involved, and any witnesses.
- Review Company Policies: Check your employer’s anti-discrimination and harassment policies to understand how to report issues internally.
- File an Internal Complaint: Report the discrimination to your HR department or supervisor, and follow up in writing to create a record.
- Seek Legal Advice: If your complaint is ignored or if you face retaliation, consult an experienced employment lawyer to explore your legal options.
How an Employment Lawyer Can Help
Proving gender identity discrimination can be challenging, especially when employers deny wrongdoing. An experienced employment lawyer can:
- Evaluate your case to determine if your rights were violated under federal and state laws
- Help gather evidence, such as emails, performance reviews, and witness statements
- File complaints with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR)
- Negotiate settlements for lost wages, emotional distress, and punitive damages
- Represent you in court if your case proceeds to litigation
Why Choose Castronovo & McKinney?
When facing gender identity or transgender discrimination in the workplace, you need legal advocates committed to Protecting Your Rights. Castronovo & McKinney, LLC has extensive experience representing employees in gender identity discrimination cases throughout Egg Harbor Township and New Jersey. Their legal team is dedicated to holding employers accountable and securing justice for individuals who have experienced unfair treatment based on their gender identity.
Take Action Today—Don’t Let Gender Identity Discrimination Go Unchallenged
Everyone deserves to work in an environment where they are respected and valued for who they are. If you’ve experienced gender identity or transgender discrimination in the workplace, don’t hesitate to seek legal support. Contact Castronovo & McKinney today to schedule a consultation and protect your rights.
Contact Information
New Jersey Office:
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office:
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781
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