A great many of our cases involve discrimination and retaliation. We are heavily involved in cases of discrimination based on race, disability, gender, national origin, and ethnicity.
Sexual Orientation Discrimination and Gender Identity Discrimination
Sexual Orientation discrimination is the unlawful practice of treating an individual differently based on their sexual orientation, gender identity, or partnership status. Sexual orientation discrimination in the workplace is especially egregious and can raise several privacy issues. Some examples of workplace discrimination based on sexual orientation are homophobic “jokes” or comments, preference in promotion or pay raises for non-LGBTQ employees over LGBTQ employees, harsh treatment or termination of LGBTQ who have “come out,” questions regarding one’s sexual orientation by a supervisor or at an interview, etc. While isolated incidents or comments would not rise to the level of sexual orientation discrimination, workplace harassment based on sexual orientation is unlawful conduct. Additionally, a 2001 New Jersey case held that gender dysmorphia was considered a disability.1 Therefore, an employer would be acting unlawfully if they failed to give a transgender employee who was transitioning a reasonable accommodation.2
The New Jersey Law Against Discrimination
The New Jersey Law Against Discrimination (“LAD” or “NJLAD”) (N.J.S.A. § 10:5-12) protects employees who have been harassed, terminated, or mistreated in their employment in any way because of their sexual orientation or gender identity. The LAD prohibits discrimination in employment, housing, public accommodations, and contracting based on a wide range of characteristics, including “marital status, civil union status, domestic partnership status, affectional or sexual orientation, [and] gender identity or expression.” (N.J.S.A. § 10:5-12). Thus, transgender individuals, as well as gays, lesbians, and bisexuals are afforded protection from unlawful discrimination under the LAD.
Because lesbian, gay, bisexual, and transgender employees belong to protected classes, it is unlawful for an employer to ask an applicant or employee their sexual orientation or gender identity. Additionally, it does not matter whether or not an employee is actually lesbian, gay, bisexual, or transgender, as it is unlawful to for an employer to make a job-related action based on an employee’s perceived sexual orientation or gender identity.3
Title VII of the Civil Rights Act of 1974
While sexual orientation is not a protected class under federal law, LGBT victims of discrimination may also be granted relief if they can establish that the discrimination was based on gender, or “sex stereotyping.”4 For example, a plaintiff would be able to prevail if they were harassed or mistreated for acting too “masculine” or “feminine,” or not feminine or masculine enough.
Do you believe you have been treated unfairly on account of your sexual orientation or gender identity? It’s important to act quickly to find out if you may have a claim under the New Jersey Law Against Discrimination. Since every situation is different, only an experienced New Jersey employment attorney can help you fully understand your rights under the New Jersey Law Against Discrimination.
The attorneys at Hyderally & Associates are ready to help you. They have experience working with state and federal discrimination laws, so they can review your situation to provide information that will help you decide if you would like to pursue a claim against your employer under the New Jersey Law Against Discrimination. Call an experienced employment attorney in New Jersey at (973) 509-8500.
This article is for informational purposes only. It does not constitute legal advice, and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts. This article may constitute attorney advertising. This article is not intended to communicate with anyone in a state or other jurisdiction where such an article may fail to comply with all laws and ethical rules of that state or jurisdiction.
- 1 Enrique v. W. Jersey Health Sys., 342 N.J. Super. 501 (App. Div. 2001).
- 2 Id.; See also Robyn B. Gigl, CJ Griffin, It's Not Just A Job-LGBT Workplace Issues, N.J. Law., June 2013, at 76, 78.
- 3 It's Not Just A Job, supra, at 77.
- 4 Id. at 78.
“I want to sincerely thank you and your staff for your resolve and professional zeal in resolving my issues with [company name removed for privacy reasons]. I especially want to thank Rob Szyba who handled these proceedings with dignity and a great deal of knowledge and professionalism. He knows what buttons to push and when to push them. He is an asset to your organization. I will gladly recommend your services to anyone in need. It was a privilege to deal with you and your team.”
“It has been my pleasure to work with Ty through the ABA's Employment Rights and Responsibilities Committee. His contributions to the Committee have been significant due to his knowledge of employment law and his tireless devotion to teaching trial skills. His service to the profession and his clients is commendable.”
“Ty is dedicated to his work and his clients. He knows his stuff, and he goes the extra mile to do the best job possible. Ty is a pleasure to work with!”
“It is with pleasure that I recommend Ty. He is a tireless advocate on behalf of employees and their concerns. His efforts are demonstrated not only in his practice, but also in his exceptional additional efforts to represent this community in professional associations, such as the ABA. He has the knowledge base and the tireless effort that makes working with him productive, but always enjoyable too.”
“I have worked with Ty on several legal presentations. I represent employers, and Ty has invited me to participate as a panelist representing employers' perspectives on labor and employment matters. Ty is always well-prepared and very knowledgeable about developments in employment law, and is always a pleasure to work with.”
“Ty is an excellent lawyer who completely understands the legal process and does everything in his power to help his clients. He was a pleasure to work with and would recommend him to anyone seeking his expertise.”
“Ty is a widely recognized expert in the area of employment law. His aggressive representation of clients is backed up by an extraordinary breadth of knowledge and attention to detail.”
“I have known Ty professionally for more than two years. He is nationally recognized as one of the best employment attorney's in the country and I know his practice will continue to grow!”
“Ty was a great help for my associate and I during litigation. He showed the highest degree of professionalism and did in fact help us to achieve the best end result possible. Mr. Hyderally comes highly recommended.”
“Ty is an exceptional attorney. Ty strives for and attains great results, in a fair and ethical manner. I value his professionalism, integrity and creativity. His ability to relate to the client and colleagues on various levels makes him very personable and a real asset.”
“Ty Hyderally is a light of hope at times when all seems grim and hopeless. A brilliant lawyer focused on labor and business law. Mr. Hyderally has the ability to combine his knowledge of the law with economic sense, strategic thinking and level headed decision making that more often than not results in a sensible conclusion that ultimately equates to a positive result for his client. Mr Hyderally is a pleasure to work with and a person you would want to have on your side of the table.”
“I have known Ty Hyderally and his firm for a number of years through our shared affiliation with the National Employment Lawyers Association. Ty has consistently impressed me both with his leadership qualities as well as the quality of workmanship that he and his firm generate. I have reviewed some of his firm's work product, including a sample initial client letter, which not only contained excellent advice to new clients but also included cutting edge information as to how to properly address social networking issues. Without hesitation, I would highly recommend Ty Hyderally.”
“I would highly recommend the Law Office of Ty Hyderally to anyone who is in need of representation in a legal matter. Ty is one of the most knowledgeable and professional individuals that I have ever met. He not only protected my rights, but also added a personal touch in his approach which helped in relieving some of the stress of my situation. He is a hard working, kind hearted individual who goes out of his way to make your problem his and provides great results in the end.”
“What impressed me most about Ty was that he delivered exactly what he promised! Very well versed in his area of practice, and extremely respected by his peers and colleagues, which put me at ease knowing he was representing me! Thank you Ty!”
“I have been involved with Ty Hyderally both as an adversary in employment litigation, and when I have acted as a Court appointed Mediator in employment litigation matters in which Ty represented plaintiffs. In both types of situations, he has represented his clients very well, with an excellent command of the issues, and he has shown himself to be well-prepared, reliable, and sensitive to the concerns of his clients. He has conducted himself in a highly professional manner at all times. I have referred potential plaintiffs in employment matters to him (I represent management/defendants in such matters), since I believe he is highly qualified to consider their circumstances.”
“Ty helped us in my small business with a very delicate matter involving what was once a very cherished employee who had made some bad choices. Because it was also emotional for me and my management team, we valued the professionalism and expertise that Ty offered. It was comforting to know we could rely on his service through that very challenging time and handle it with compassion and in compliance with the law. I would use him again and recommend him wholeheartedly!”
“Ty is detail oriented yet moves quickly to get results. He contemplates each step and what action should be taken. Ty looks out for his client's best interest and is available to talk during evening hours when it is more appropriate to discuss options to take from home. Also, Ty is expedient in getting information needed in order to be cognizant of finances. I highly recommend Ty for legal services, especially with employment law.”
“If the opportunity arises where a "name brand" attorney is needed, then Ty Hyderally is the only choice. Those in the know are aware that his record of success for his clients is outstanding and that his knowledge of his field is way above the rest”
“Ty Hyderally is a lawyer's lawyer. I, also, used to handle plaintiffs' employment cases, but over time, those cases became more and more complicated and costly to pursue. They began to require the attention of a legal specialist. I decided against handling them personally. I was delighted when I met Ty. Now, I refer people to him all the time. I know that he will give the best advice and get the best results possible. I hope my employees don't have his card.”
“Many of my executive clients need to negotiate employment contracts or employment confilcts with their employer. As an executive coach, I support their efforts in all domains of their lives including recommending a lawyer when they have these employment contractual needs, I recommend Ty. Not once have I had any negative feedback from any client and all of my dealings with him have been very satisfying.”
“Ty is a very knowledgeable Attorney, who has demonstrated a very proven track record in handling Employment cases. His knowledge and assertive approach have made him a very successful Attorney.”
“I actually first worked with Ty at McKenna McIlwain LLP in 2008. Already I was impressed by his professionalism, client list and reputation. In 2011 I moved back to Montclair after a few years back home in Oregon. Ty was in need of a temporary administrative assistant and invited me to join his team at their new, independent location. I learned a great deal working with Hyderally & Associates, P.C. They have earned their reputation as the hardest hitting, best representation available for employment matters in New Jersey and New York alike. They are attentive, fair, and go every extra mile to ensure due diligence. I am proud to have them on my resume and am happy for the experience of being part of such a busy, professional and fast paced team.”
“Ty secured settlements that were nothing less than outstanding for my clients/contacts that I have referred to him. The quick speed with which he achieved his results was a huge bonus to those clients.”
“I have worked with Ty for years through the ABA Labor & Employment Law Section Employment Rights and Responsibilities Committee. Ty is a go-to source for exemplary presentations on trial practice. A tireless advocate for employee rights, Ty is an accomplished trial attorney and someone we can rely on and have repeatedly relied upon in mock trial presentations at our yearly conferences.”
“Ty is a regular lecturer at continuing education programs for lawyers. This means that because of his abilities he is called upon to enhance the skills of lawyers who are already experienced. He is well regarded as a trial lawyer and as a provider of legal advice to clients. I find that his companionable persona makes it easier to accept and understand his thoughts and advice.”
“I have known Ty Hyderally for several years and can only describe him as an expert in all areas of Employment law. I have referred several people to him in connection with their legal concerns and on each occasion I have been met with very positive feedback from these individuals and businesses. I have personally sought his counsel relating to a variety of business strategy issues within my own Insurance practice. With his substantial experience and proven track record, I wholeheartedly recommend his services.”
“Ty has represented me numerous times and I have always come out with positive results. He keeps you well informed at each step of the process and always makes you feel confident and secure. I highly recommend his services.”
“Ty and I worked at the same law firm Friedman Siegelbaum. I found him a pleasure to work with and an able and diligent attorney.”
“If ever someone needs an exceptional employment litigator, Ty is the first person that I think of. Not only is he incredibly intelligent, but he is able to craft litigation strategies to maximize his client's outcome. He is a relentless litigator, with great passion for his work. If you hire Ty, you will not be disappointed.”
“Ty has been invaluable to me as a business owner with employee issues. His advice has been on point and redirected me in the midst of employee concerns. I would highly recommend him and his firm whenever you have employment concerns.”
“If you are looking for one of the best attorney's in an employment related issue, look no further. Ty is national recognized as one of the best employment attorney in the country and I am thrilled to see his practice continue to grow!”
“Ty, has been a great help to me in times of need when I needed his advice on some business matters. He is always available 24-7 to help out whether it is a small/large task. I would highly recommend him and his firm in any legal matter that he specializes in.”
“I have been working with Ty for over 4 years. Ty is one person I would say pays attention to detail, works hard for his clients and gets the job done on time and with amazing results. I have referred clients to him and he has always given them star treatment was always up front and honest with them and they are so pleased with their outcomes and glad I made the introduction.”
“Ty was an adversary and never lost sight of his client's needs in seeking a resolution. I would not hesitate to recommend for plaintiffs in employment work. He is methodical and tenacious but fair and amenable to a just resolution.”
“My Husband and I hired Ty at a time when we thought all was lost. We had a different attorney on our case that just gave up on us. My husband contacted Ty and once he heard our case he immediately took action. Our case was settled within 3 months of Ty taking over. His experience and knowledge of employment laws are not only impressive but it is why he is very successful. Ty is also very compassionate about his clients and communicated with us every step of the way. I would recommend Ty Hyderally to anyone and everyone who is need of a great attorney. You too!! Will be satisfied.”
“I have referred clients to Ty for employment issues. They told me that Ty was knowledgeable, courteous and promptly handled their matters. I can easily recommend Ty for people with difficult employment cases.”
“Working with Ty on various projects has been fantastic. He and his team are thorough and they understand how to get the job done correctly. When you have the chance to work with Ty you understand the meaning of not taking no for an answer. They work to understand clients needs and the resolve the issues at hand. I have seen firsthand what Ty and his associates bring to the table and I would recommend them to anyone needing assistance with employment law.”
“I have worked with Ty Hyderally on the executive board of the New Jersey chapter of the National Employment Lawyers Association, and have discussed various employment matters with him. He is an excellent leader, always coming up with new ideas. Ty is truly an expert in employment law and I have found his analysis of both complex and simple matters to be dead on.”
"Ty and I have worked together on a case getting ready for trial. We have also worked on trial advocacy presentations for the ABA. Ty is a very experienced litigator. He has great trial skills and connects well with his clients, the court and jury. He blends a sense of humor with knowledge of the law and facts. He is a very effective advocate.”