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Sex-based Discrimination In The Workplace
Being a woman or a man should have no bearing on the type of job you hold or how you are treated at that job. Tragically, sex-based discrimination still affects millions of workers across New Jersey. Fortunately, you can fight back when you have been mistreated because of your sex or gender. Workplace discrimination is illegal in New Jersey. If you have been abused at work, you might be eligible for compensation under the law.
Aiello Harris Abate, Law Group PC, helps employees across New Jersey battle unfair employers. We penalize employers and help victims of sexual discrimination get the compensation they deserve.
Sex Discrimination in New Jersey Defined
Workplace sex-based discrimination occurs when you are treated unfavorably or harassed at work because of your sex or gender. It also includes negative differential treatment based on:
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- Affiliation with an organization of group associated with a particular sex
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- Conforming or not conforming to sex and gender stereotypes
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- Conforming or not conforming to traditional notions of femininity or masculinity
Sexual harassment is also a form of sex-based discrimination. Sexual harassment encompasses a broad range of inappropriate and unwanted sexual behaviors, such as unwelcome requests for sex, verbal harassment of a sexual nature, and unwanted physical touching.
Sex discrimination includes making disparaging remarks about men or women in general, and general sexism. Discrimination can occur in many forms and can affect several different aspects of your employment.
Examples of sex-based discrimination in New Jersey workplaces
Sex discrimination is illegal in terms of recruitment, hiring, firing, compensation, employment benefits, conditions of employment, promotion, demotion, or any changes in employment. Some specific examples are:
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- Being denied a promotion, when a member of the opposite sex with less experience is promoted
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- Being denied protected maternity leave
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- Being denied a position, and having the employer hire someone of the opposite sex with less experience and fewer qualifications
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- Being told to be more “feminine” or “masculine” in the workplace
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- Being paid less than members of the opposite sex in the same job position with the same experience
Sex-based discrimination also includes sexual harassment at work. Sexual harassment consists of all unwanted behaviors of a sexual nature, from sexual advances to unwelcome touching to offensive remarks.
Laws protecting you from sex discrimination in New Jersey
Those who have been subjected to discrimination and harassment at work have the law on their side:
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- Federal law – Applicable across the nation, Title VII of the 1964 Civil Rights Act protects employees against discrimination for members of protected classes. Sex is considered a protected class. If an employer violates Title VII, you can bring a charge to the Equal Employment Opportunity Commission. If that fails, you can file a lawsuit in federal court.
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- State law – The New Jersey Law Against Discrimination (NJLAD) prohibits employer discrimination based on sex, gender, or sexual orientation. Your attorney can file a lawsuit in state court under the NJLAD.
The law does not protect against petty slights or trivial incidents. The harassment or discrimination must be severe or pervasive. So, a one-time incident most likely won’t qualify for legal action, unless it was severe, such as you were terminated based on discrimination or you were physically assaulted.
Fighting against sex-based discrimination in New Jersey
As attorneys, the law firm of Aiello, Harris, Abate, Law Group PC believes in upholding honor and integrity. If you have been subjected to sex-based discrimination in New Jersey, we will fight for you to keep your dignity throughout the legal process.
Contact us today
Call us today at (908) 561-5577 or use our contact form. Your initial consultation will be conducted over the phone, and you can schedule an appointment at one of our office locations throughout New Jersey.
Contact our New Jersey Sexual Discrimination Lawyers
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