Recently, the U.S. Court of Appeals for the Seventh District became the first Federal Appellate Court to rule that Title IV’s prohibition of sexual discrimination also covers discrimination on the basis of sexual orientation. The ruling stemmed from a case in which an openly gay adjunct professor at a community college was rejected for full time employment six times. The female professor filed a discrimination suit with the college, which was later dismissed. She later appealed with the Seventh District Circuit. In a vote of 8-3, it became the first federal court to recognize protections for workers from sexual orientation discrimination.
What is Sexual Orientation Discrimination?
Sexual orientation discrimination refers to harassment or differential treatment based on someone’s perceived or actual gay, bi-sexual, lesbian, or heterosexual status. Examples of such treatment include being overlooked for a promotion, unwarranted write-ups, or derogatory comments relating to your orientation, or even wrongful termination. The U.S. Supreme Court has specifically ruled that the victim does not have to be of the opposite sex to be able to bring a legal claim for sexual harassment.
Sexual harassment can occur in a variety of circumstances:
- The harasser can be a supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
- The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
- Unlawful sexual harassment may occur without economic harm to the victim, such as loss of a job.
- The harasser’s conduct must be unwelcome.
If you feel you have been discriminated against due to your sexual orientation, you do not have to fight alone. While many employers have policies to protect employees, additional federal and state laws may apply, another reason you will want to trust lawyers with experience in this field.
The New Jersey Law Against Discrimination (NJLAD) is designed to protect workers in New Jersey from unlawful discrimination in the workplace. The Law makes it illegal for an employer to discriminate on the basis of race, creed, religion, color, national origin, physical or mental disability, age, nationality, ancestry, marital status, affectional or sexual orientation, gender, genetic information, or liability for military service.
South Jersey Employment Discrimination Lawyers at Sidney L. Gold & Associates P.C. Fight Sexual Orientation Discrimination in the Workplace
Employment law in New Jersey is unique, and so is your claim. Our South Jersey employment discrimination lawyers have the resources and experience necessary to achieve the best possible outcome for your case. Call Sidney L. Gold & Associates P.C. today at 215-569-1999 to schedule a free consultation or contact us online.