Somerset Sexual Orientation Discrimination Attorney

A guide to New Jersey  Sexual Orientation & Marital Status Cases

Charles Z. Schalk is a Somerset sexual orientation discrimination attorney who is committed to protecting the rights and interests of employees. We also have extensive experience handling marital status cases. If you believe that you or your family member was subject to sexual orientation discrimination, gender identity discrimination, and/or marital status discrimination, professional guidance and support is available. You do not have to take on an employer alone. Contact our firm today to set up your completely confidential, no obligation initial consultation with a top-tier New Jersey employment attorney.

Know Your Rights Under the Law: Sexual Orientation & Marital Status Protections

Workplace discrimination occurs when a job applicant or employee is treated less favorably than a similarly situated individual because of a legally protected characteristic. There are Federal and state laws in place that protect workers against discrimination by employers. The primary Federal law—Title VII of the Civil Rights Act of 1964—applies to all businesses and organizations with 15 or more employees. The most important state law—New Jersey Law Against Discrimination (LAD)—applies to all employers, regardless of the number of employees. Workers may be protected on the grounds of LGBTQ status and/or marital status. Here is an overview:

  • Sexual Orientation: Sexual orientation discrimination in employment occurs when an employee or job applicant is treated unfavorably because of their sexual orientation, which includes being gay, lesbian, bisexual, or heterosexual. This type of discrimination can affect various aspects of employment, such as hiring, firing, promotions, job assignments, and benefits. Both Title VII and New Jersey’s LAD classify sexual orientation discrimination as an inherent form of gender-based discrimination. It is unlawful. 
  • Gender Identity: Gender identity discrimination refers to unfair treatment in employment based on an individual’s gender identity, which may differ from the sex assigned at birth. This discrimination can manifest in several ways, including refusal to hire, wrongful termination, and denial of access to appropriate restroom facilities. Gender identity discrimination is, inherently, a form of gender based discrimination.
  • Marital Status: Marital status discrimination in employment happens when an individual is treated differently in their employment due to their marital status, whether they are single, married, divorced, or widowed. Notably, federal law (Title VII) does not explicitly prohibit marital status discrimination. However, New Jersey’s LAD does bar marital status discrimination. All employees in New Jersey are protected.

How to Prove Discrimination On the Basis of Sexual Orientation or Marital Status

What do you need to prove in order to bring a successful discrimination claim in New Jersey? The short answer is that there are specific elements that must be satisfied under the law for a successful claim. Here are two foundational points of a sexual orientation, gender identity, or marital status discrimination claim in New Jersey:

  • Adverse Action: Adverse action is any negative action taken by the employer that affects the terms, conditions, or privileges of employment. Some of the most common examples include being passed over for a promotion, receiving a demotion, reduction in salary, or outright termination. Be sure to document adverse action. 
  • Causation: Demonstrating causation means showing a direct link between the adverse action and the employee’s sexual orientation or marital status. It often requires evidence that the employer knew about these personal aspects and that the knowledge influenced their decision-making. A causal connection is key to a discrimination claim. 

Note: You can be subject to discrimination on the basis of sexual orientation and/or marital status regardless of your actual status. Heterosexual workers are protected, married workers are protected, and unmarried workers are protected. Further, even if the discriminator was wrong—for example, if a heterosexual faced discrimination because an employer falsely believed that they were gay, the law still provides protection.

Anti-Discrimination Laws Protect Workers in New Jersey Against Retaliation

Do you believe that you were subject to sexual orientation discrimination or marital status discrimination in New Jersey? You have the right to raise the issue—both internally with an employer and externally to regulators. Anti-discrimination laws provide robust protection for workers against retaliation by employers. These protections ensure that employees can freely exercise their rights under employment laws without fear of punitive actions. If an employee files a complaint, participates in an investigation, or testifies in a proceeding regarding employment discrimination, New Jersey law prohibits employers from retaliating against them in any form, including dismissal, demotion, undesirable reassignments, or harassment. If you are retaliated against for reporting discrimination, consult with a New Jersey employment lawyer right away.

Common Questions About Sexual Orientation and Marital Status Discrimination

What is considered sexual orientation discrimination at work?

Sexual orientation discrimination happens when an employer treats an employee unfairly because of who they are attracted to. This includes discrimination against gay, lesbian, bisexual, and even heterosexual workers. Under New Jersey law, this type of workplace discrimination is illegal and protected under state employment law.

Can I be fired for my marital status in New Jersey?

No. New Jersey protects workers from discrimination based on marital status, civil union status, domestic partnership, and same sex marriage. If you were fired or treated differently because you are married, single, divorced, or in a domestic partnership, you may have a legal claim. Federal law does not always cover marital status, but New Jersey does.

What should I do if I experience a hostile work environment?

A hostile work environment occurs when workplace harassment becomes so severe that it affects your ability to do your job. This can include sexual harassment, ongoing harassment based on sexual orientation, national origin, disability, or other protected characteristics. Document everything and contact Somerset County employment lawyers who handle employment discrimination cases.

How New Jersey Marital Status Attorney Charles Z. Schalk Can Help

Every worker in New Jersey deserves an opportunity to be assessed on his or her own merits. You should never be forced to endure discrimination on the basis of your sexual orientation, gender identity, or marital status. Unfortunately, not all employers play by the rules. Charles Z. Schalk is a New Jersey employment lawyer who has experience handling the full spectrum of workplace discrimination claims. A member of the National Employment Lawyers Association, Attorney Schalk puts the best interests of clients first. We are ready to take a proactive approach to your case. Among other things, our New Jersey sexual orientation discrimination lawyer is prepared to:

  • Listen to your story and answer your employment law questions;
  • Investigate your workplace discrimination claim—gathering relevant evidence; 
  • Handle any settlement negotiations with your employer; and
  • Develop a comprehensive strategy to best protect your rights and interests.

Additional Employment Law Services in Somerset County

Somerset County employment lawyers at our law firm handle more than just sexual orientation and marital status cases. We represent employees facing disability discrimination, pregnancy discrimination, wage and hour violations, workplace retaliation, and other employment issues. In many cases, workers can seek compensatory damages and punitive damages for violations of their legal rights. Whether you need help with severance agreements, unemployment benefits, reasonable accommodations, or a hostile work situation, our employment attorneys are here to help.

Somerset employment lawyers also assist with wage and hour disputes, sexual harassment claims, and cases involving independent contractors. If you suffered workplace injuries or were involved in construction accidents, we can discuss your legal options. Our discrimination attorneys represent clients in both state court and federal proceedings through the New Jersey Division on Civil Rights. Contact our office today to discuss your legal issue and learn how we can help you recover damages and protect your rights as an employee based in Somerset County.

Contact Our New Jersey Orientation Attorney Today 

Charles Z. Schalk is a New Jersey employment lawyer with experience handling the full range of cases, including sexual orientation discrimination and marital status discrimination. If you or your loved one was subject to discrimination on the basis of sexual orientation or marital status, we are here to help. Contact our firm today for a completely confidential initial consultation. Our firm represents employees in sexual orientation and marital status claims all across New Jersey. Call us today!