recovered for our employment law cases
- Gender discrimination remains common in workplaces, especially affecting women and transgender individuals through unequal pay, harassment, and limited opportunities.
- Federal and New Jersey laws protect employees from gender-based discrimination in hiring, promotions, pay, benefits, and work conditions.
- Victims of gender discrimination may be entitled to remedies such as job reinstatement, monetary compensation for lost wages and emotional distress, and policy changes by employers.
- Employees should document incidents, report them to human resources, and file complaints with government agencies or courts to protect their rights.
- New Jersey gender discrimination lawyers at Joseph & Norinsberg can help victims navigate legal processes, gather evidence, and pursue fair outcomes including compensation and punitive damages.
Gender discrimination in the workplace continues to be prevalent despite many laws prohibiting it. Over 40 percent of U.S. workers report experiencing or witnessing gender discrimination on the job. The problems are particularly more pronounced for women and transgender individuals, who may earn less than their male peers or have greater difficulty securing work.
If you’ve experienced gender discrimination at your New Jersey workplace, you have legal options. A New Jersey gender discrimination lawyer at Joseph & Norinberg can review your case and assist you in filing a claim.
Table of Contents
- Why Choose Joseph & Norinsberg for Your New Jersey Gender Discrimination Case?
- Understanding Gender Discrimination in New Jersey
- Legal Remedies and Compensation Available to NJ Gender Discrimination Victims
- New Jersey Laws Prohibiting Gender Discrimination
- Steps To Take if Facing Gender Discrimination in NJ
- Benefits of Consulting a New Jersey Gender Discrimination Lawyer
- Get Legal Representation for Gender Discrimination in NJ
Why Choose Joseph & Norinsberg for Your New Jersey Gender Discrimination Case?
At Joseph & Norinsberg, we’re one of few NJ law firms that specializes in workplace discrimination cases. We firmly believe in supporting the rights of the underdog—workers who don’t have a dedicated legal team at their fingertips. We treat every client we represent with the empathy and kindness they deserve, and our attorneys work relentlessly to get you a positive outcome to your claim.
Our gender-based discrimination lawyers in NJ fiercely protect workers’ fundamental rights. We aim to keep workplaces free of discrimination and ensure workers have access to fair pay, equal treatment, and a safe working environment.
Joseph & Norinsberg fights tirelessly for every client, and we have no problem taking on even the most challenging cases other attorneys try to avoid. The firm believes cases are not won by courtroom “showmanship” but by meticulous and time-consuming preparation. When other law firms are at the end of their rope…we tie a knot and keep fighting to get you justice.
Recently, senior partners Bennitta Joseph and Jon L. Norinsberg brought a $15 million lawsuit against a New Jersey restaurant owner on behalf of six employees who experienced severe discrimination, retaliation, harassment, and sexual abuse. That’s only one example of the many complex employment law claims we’ve handled for New Jersey clients.
We have a seasoned team of knowledgeable attorneys and paralegals who support you throughout the legal process. Our senior trial attorney, Crystal Dozier, was designated a Certified Trial Attorney by the Supreme Court of New Jersey—an achievement given only to top-performing lawyers.
We are proud of our five-star Google rating, not because of the number but because of the satisfied clients it represents. We treat all our clients like family, and they regularly stay in touch with us long after their cases are resolved. We regularly receive unsolicited client testimonials such as the following:
Our Discrimination Case Results
- We represented 12 individuals facing discrimination and retaliation based on race and gender in the workplace and obtained a substantial confidential settlement.
- Our lawyers obtained a $395,000 settlement for a group of dance bar workers who alleged unpaid overtime, gender discrimination, and sexual harassment.
Understanding Gender Discrimination in New Jersey
Even though many laws are on the books prohibiting gender discrimination, it is still prevalent throughout New Jersey workplaces. Unfortunately, stereotypes exist for men, women, transgender, and those with other gender identities or expressions. Those stereotypes lead to biases in the workplace.
Examples of how employers may discriminate gender discrimination include the following:
- Receiving less pay than someone of another gender, even if you do the same job
- Getting passed over for plum projects even though you have equal or greater qualifications than another worker of a different gender
- Getting asked interview questions focusing on your family life or responsibilities outside work rather than your workplace achievements
- Getting passed over for promotions that go to others of a different gender, even though you have more experience or education
- Being subjected to sexual harassment, such as unwanted comments or touching
- Missing out of training opportunities that go to others of a different gender
- Receiving solicitations for sexual favors in return for future work opportunities, promotions, or salary increases.
- Having your pregnancy leave or request to return to your position following pregnancy leave rejected in violation of the federal Family Medical Leave Act and the New Jersey Family Leave Act
A one-off comment or joke probably won’t qualify as gender discrimination unless it’s sufficiently severe. However, ongoing harassment that is severe or pervasive creates a hostile work environment and may impact your emotional well-being and career prospects.
Legal Remedies and Compensation Available to NJ Gender Discrimination Victims
Victims of gender discrimination may be entitled to various remedies, including job reinstatement or reassignment. You may sometimes receive compensatory monetary damages for back pay, lost wages, and emotional distress or humiliation. The employer may be responsible for paying your attorney’s fees.
New Jersey state may order your employer to make changes to their employment policies or require specific types of training to prevent future workers from experiencing a similar situation as you. The employer may also be required to pay fines and penalties.
New Jersey Laws Prohibiting Gender Discrimination
Federal and state laws protect workers from gender discrimination. Title VII of the Civil Rights Act of 1964 prohibits employers from making employment-related decisions, including hiring, firing, and promotions, based on an employee’s sex. It also makes it unlawful to compensate someone differently based on their gender or to provide them unequal access to benefits and privileges of employment.
The New Jersey Law Against Discrimination, or NJ LAD, offers broader protections against gender discrimination. It prevents discrimination based on pregnancy, gender identity or expression, and sexual orientation. The law also calls out disparate treatment, where people experience discrimination because of their gender, even if the policies and procedures are facially neutral and not intended to lead to discrimination.
Steps To Take if Facing Gender Discrimination in NJ
If you believe you’re a victim of gender discrimination in the workplace, it’s vital to report your experience to protect your rights under New Jersey and federal laws. Take these steps to initiate your claim.
1. Document Instances of Gender Discrimination
Any time you feel an employer discriminates against you based on gender, record your experience. Note what happened, who was involved, and the date and time. If evidence is available to prove the incident, such as an email, make a copy of it. Proving gender discrimination can be difficult, so any evidence collected helps tremendously with your case. Also, record the names of any witnesses who saw the incident.
2. Report Your Experience to Human Resources
Human resources professionals are trained to understand and recognize discrimination when it occurs. If you feel comfortable explaining what happened, schedule an appointment with an HR manager. You might also file a written complaint. Sometimes, HR can resolve the situation without needing to take further action. However, remember that HR works for your employer, so they may not act in your best interest—especially if a manager or executive is involved.
3. File a Complaint With Government Agencies
Legal action starts with a formal complaint to the appropriate government agency, such as the Equal Employment Opportunity Commission or the New Jersey Department of Civil Rights. You must file the complaint within 180 days of the incident, with a few exceptions. Otherwise, you may be unable to take action.
New Jersey allows discrimination victims to file a complaint directly with the Superior Court. A two-year filing deadline applies to those cases. However, waiting too long may make it harder to prove the violation occurred. Your situation may also worsen, causing you additional distress or financial losses.
4. Get Assistance From Workplace Gender Inequality Lawyers in NJ
Filing a gender discrimination claim can be confusing, especially if it’s something you haven’t experienced before. Rather than trying to handle it yourself, get advice from experienced gender bias lawyers in NJ. An attorney can analyze your case, help you understand your legal options, and advise you on the best path forward. Also, the conversation is entirely confidential, so you can speak freely about your experience.
If you decide to proceed with a claim, your New Jersey gender discrimination attorney will guide you through the process and help assemble the evidence necessary to prove your case.
Benefits of Consulting a New Jersey Gender Discrimination Lawyer
Seeking an attorney’s help can be a little scary, especially if you’re already feeling some anxiety about a gender discrimination experience. Think about gender harassment attorneys in NJ as third-party allies. We are on your side and have the legal knowledge to fight on your behalf.
Your attorney will help you build an unassailable claim against your employer, ensuring you have all the evidence necessary to support your case. They will help you navigate the complexities and avoid the pitfalls of employment law claims to recover damages for lost wages and emotional distress. In rare cases, a judge may award you punitive damages if the defendant’s conduct was particularly egregious and outrageous.
Frequently Asked Questions
How does the New Jersey Diane B. Allen Equal Pay Act protect against gender-based pay discrimination?
The Diane B. Allen Equal Pay Act, effective July 1, 2018, amended NJLAD to require equal pay for “substantially similar work” across all protected classes, making it one of the broadest pay equity laws in the country. Pay claims carry a six-year statute of limitations (rather than the standard two-year NJLAD window), and each paycheck issued at a discriminatory rate restarts the clock. If a jury finds a violation, treble damages are mandatory, meaning you can recover three times your unpaid wages plus attorney’s fees.
Does New Jersey's pay transparency law help me prove gender pay discrimination?
Yes, in many cases. New Jersey’s Pay Transparency Law, effective June 1, 2025, requires employers with 10 or more employees to disclose the wage or salary range and benefits information in every job posting for new positions, transfers, and promotions. This information can serve as direct evidence of pay disparity when you compare your compensation to advertised ranges for similar roles, and it strengthens claims brought under the Diane B. Allen Equal Pay Act.
What protections does New Jersey law provide for transgender and gender-nonconforming employees?
The New Jersey Law Against Discrimination has expressly protected employees from discrimination based on gender identity and gender expression since 2006, covering transgender, non-binary, and gender-nonconforming individuals. Under NJ Division on Civil Rights guidance, your employer must address you by your name and pronouns, allow you to dress consistent with your gender identity, and provide restroom access that matches your gender identity. These state-law protections remain in full force regardless of any changes to federal enforcement priorities under Title VII.
Can my employer treat me differently because I have children or family caregiving responsibilities?
Federal law does not protect “caregiver status” as a standalone category, but the EEOC has long recognized that differential treatment based on stereotypes about caregiving (for example, asking only female applicants about childcare plans, denying paternity leave to fathers, or assuming a mother will be less committed) violates Title VII’s prohibition on sex discrimination. The Supreme Court first recognized this theory in Phillips v. Martin Marietta Corp. (1971), and NJLAD’s broader prohibition on gender stereotyping reinforces these claims for New Jersey workers.
Get Legal Representation for Gender Discrimination in NJ
When someone discriminates against you based on your gender, it’s hurtful and can leave you feeling down about your future employment opportunities. Don’t let a colleague or employer get the best of you. Remember, the law protects individuals from gender-based employment discrimination, and you can pursue justice.
To explore your legal options, contact the competent gender inequality lawyers in NJ at Joseph & Norinsberg. We’ll treat you fairly and with the kindness you deserve. Call (212) 227-5700 or complete our online intake form to schedule your consultation.
Jon Norinsberg is one of New York City’s leading civil rights and trial attorneys, with decades of experience litigating high-stakes constitutional and employment disputes. Jon is known as a fearless, battle-tested trial lawyer who takes on powerful corporations, government entities, and public institutions in cases involving civil rights violations, police misconduct, discrimination, retaliation, and wrongful conduct.
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