South Jersey Gender Identity Discrimination Lawyers: Transsexuals are Protected Under the NJ Law Against DiscriminationFebruary 29, 2016
As the transgender community continues to grow and become more widely accepted, the state of New Jersey strictly enforces the New Jersey Law Against Discrimination (NJLAD), which protects the civil rights of these individuals, including their right to work without the fear of termination or discrimination due to their gender identity. New Jersey is known for making changes to laws in order to stay current and relevant on societal issues. If you have been discriminated against for your transsexual identity, a South Jersey gender identity discrimination lawyer will fight for your rights and protect your civil liberties.
One example of transsexual discrimination is a case involving Carla Enriquez. Enriquez, who was born a male and legally known as Carlos, had been hired as a medical director of an outpatient treatment facility in New Jersey. Within a year of working at the facility, Enriquez began the process of transitioning from male to female by removing facial hair, waxing her eyebrows, polishing her nails and growing out her hair. She also had her breasts augmented. As a result, her supervisors began to confront her and requested that she go back to her “male” appearance. Enriquez was eventually terminated from her position.
Enriquez, now known as Carla, was diagnosed with gender dysphoria, or transsexualism. Shortly after losing her job, she underwent sex reassignment surgery and legally changed her name to Carla. She then sued her former employer for sex discrimination and disability discrimination under the NJLAD. The court ruled that gender discrimination is a form of sex discrimination and any person transitioning from one gender to another is protected under the NJLAD.
The court also ruled that, for the purposes of the case, gender dysphoria is considered a gender identity disorder in the Diagnostic and Statistical Manual of Mental Disorders. Under the NJLAD, an employee may not be terminated due to a “handicap” if it does not prevent the employee from doing his or her job. Assuming Enriquez was terminated for her changing appearance and not her job performance, this is a violation of the NJLAD.
NJLAD Protection for Employees
New Jersey is a leader in protecting the civil rights of all of its citizens, including the transgender community. For those living and working in New Jersey, the state has some of the most comprehensive statutes that protect employees against discrimination. Therefore, any individual who owns or manages an establishment like a restaurant, hotel, doctor’s office or theater may not deny services from another individual based on sex, creed, color, marital status, sexual orientation, gender identity or disability.
South Jersey Employment Discrimination Lawyers at Sidney L. Gold & Associates Represent Victims of Gender Identity Discrimination
If you have been discriminated against at work because of your gender identity, contact a South Jersey employment discrimination lawyer at Sidney L. Gold & Associates. We will discuss the details of your case and determine the best course of action. Our compassionate and knowledgeable team of lawyers will fight for your rights to ensure that you are properly compensated for any lost wages, as well as any pain and suffering you may have endured. For a complimentary consultation, call us today at 215-569-1999 or contact us online. We represent clients in New Jersey, Pennsylvania and New York.