LGBTQIA+ Workers

Workers in LGTBQIA+ communities may be eligible for benefits and protections that can support them.
Paid benefits
- If you cannot work because you need to care for yourself, for a loved one’s* physical or mental illness or injury, or cope with domestic/sexual violence.
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- Up to 40 hours of Earned Sick Leave under NJ law that your employer pays.
- Cash benefits through NJ Family Leave & Temporary Disability Insurance. Gender-affirming treatments, pregnancy/childbirth recovery, and bonding with a new child (including foster and adoptive) for both birthing and non-birthing parents can be covered. Your job may also be protected (see below).
*Loved one includes chosen family.
- If you quit or are fired from your job because of harassment, discrimination, or domestic/sexual violence, you may be eligible for Unemployment Insurance benefits. Learn more at myunemployment.nj.gov.
Job Protection
- If you need to care for your own serious medical condition, care for a family member with a serious medical condition, or bond with a new child, you may be eligible for up to 12 weeks of unpaid, job protected leave under the federal Family and Medical Leave Act (FMLA).
The NJ Department of Labor does not enforce the FMLA; it is enforced by the US Department of Labor. Learn more here.
- If you need to care for a loved one who has a serious health condition, or care for or bond with a new child (including an adopted or foster child), you may be eligible for up to 12 weeks of job-protected leave under the New Jersey Family Leave Act (NJFLA). The definition of loved one is broad and includes chosen family, and both birthing and non-birthing parents can use time to bond.
The NJ Department of Labor does not enforce the NJFLA; it is enforced by the NJ Division on Civil Rights. Learn more at NJCivilRights.gov or download their fact sheet here.
- If you cannot work because you need to handle matters related to domestic or sexual violence, or you need to support a loved one who is a victim/survivor, you may be eligible for 20 days of unpaid, job-protected leave under the New Jersey SAFE Act. The definition of loved one is broad and includes chosen family.
The NJ Department of Labor does not enforce the SAFE Act. If you believe your rights have been violated, you can take private legal action in Superior Court. Learn more here.
You deserve to work in an environment free from discrimination.
The New Jersey Law Against Discrimination (LAD) prohibits discrimination and harassment in employment based on actual or perceived gender (including intersex status), sexual orientation, gender identity, or gender expression. This means people who are gay, lesbian, bisexual, transgender, queer, questioning, or intersex (LGBTQI) must be treated equally at work.
Under the LAD, an employer may not make employment decisions like hiring or firing, promotions, and benefits (including healthcare, parental leave, and family leave) based on LGBTQI status or gender stereotypes. Additionally, individuals must be treated consistent with their gender identity or expression. They do not need to show any particular “proof” of gender to exercise these rights.
Learn more about protections from discrimination or harassment here. (Also available in Spanish and other languages).
The NJ Department of Labor does not enforce the New Jersey Law Against Discrimination; it is enforced by the NJ Division on Civil Rights. To find out more or to file a complaint, go to NJCivilRights.gov or call 973-648-2700.
You deserve to work in an environment free from sexual harassment.
The New Jersey Law Against Discrimination prohibits sexual harassment (a form of gender-based discrimination) at work.
There are two types of sexual harassment in the workplace, quid pro quo and hostile work environment. Quid pro quo harassment is when a benefit, like a promotion, is conditioned on sexual favors, or when an adverse action, like being fired, is threatened if you refuse a sexual advance. A hostile work environment exists when you are subjected to unwanted harassing conduct based on gender in the workplace that is severe or pervasive enough to create a work environment that is intimidating, hostile, or offensive.
Learn more about sexual harassment in employment here. (Also available in Spanish.)
The NJ Department of Labor does not enforce the New Jersey Law Against Discrimination; it is enforced by the NJ Division on Civil Rights. To find out more or to file a complaint, go to NJCivilRights.gov or call 973-648-2700.
Learn more at myworkrights.nj.gov.

How to report retaliation
If you believe you have been retaliated against and would like to file a complaint or seek further information you can contact the Department at: