Do Men Have Gender Discrimination Claims in NJ Too?

When most people hear “gender discrimination,” their minds typically jump to women being treated unfairly at work — and often, for good reason. Women have faced decades of unequal pay, missed promotions, and outright bias in professional environments.

But here’s a fact that’s often overlooked: men can face gender discrimination, too. Whether it’s being passed over for a caregiving role or retaliated against for speaking up about bias, men are not exempt from workplace discrimination. And if you’re a man who’s been treated unfairly because of your gender, you may have a legal case.

Let’s break down what the law actually says, what gender discrimination against men can look like, and how to protect your rights in the Garden State.

What New Jersey Law Says About Gender Discrimination

In New Jersey, the Law Against Discrimination (NJLAD) is one of the strongest anti-discrimination laws in the country. It specifically prohibits employers from treating workers unfairly because of their sex, gender identity, or gender expression.

Importantly, the NJLAD doesn’t favor one gender over another. That means both men and women are protected — and employers who treat men unfairly based on gender can be held accountable.

Here's what the law covers:

• Hiring and firing
• Promotions and demotions
• Pay and benefits
• Workplace assignments and conditions
• Harassment and retaliation

So if you’re a man who’s been denied a job because the employer “wanted a woman for this role,” or if you’re constantly facing gender-based jokes at work, that could be a violation of the law.

Real Examples of Gender Discrimination Against Men

Discrimination isn’t always obvious — and it often comes packaged in outdated assumptions. Here are some real-world situations where men may face unlawful treatment:

“This Job Is More for Women”

If a male applicant applies for a nursing position, a daycare job, or a receptionist role and is passed over because the employer believes women are a “better fit,” that’s discrimination. The same goes for being denied a spot in human resources, education, or other fields that are stereotypically female-dominated.

Parental Discrimination

More men are taking on caregiving responsibilities — but some workplaces haven’t caught up. If your employer denies your paternity leave, refuses to accommodate your childcare schedule, or mocks you for taking time off as a dad, those actions may be discriminatory.

Hostile Work Environment

A workplace that tolerates sexist jokes, inappropriate comments, or bullying based on gender — regardless of whether it's directed at men or women — can be legally hostile. And if you report it and face retaliation, your employer could be in even more trouble.

Reverse Discrimination Claims

In some cases, men have brought forward what are known as “reverse discrimination” claims — arguing that a preference for hiring or promoting women led to unfair treatment against male candidates. While these cases can be complex, New Jersey law protects everyone equally, and courts have upheld claims when clear bias is proven.

Can Men File Gender Discrimination Lawsuits in New Jersey?

Yes. Men absolutely have the right to file gender discrimination claims under the NJLAD. In fact, New Jersey courts have heard and ruled on many such cases over the years.

To file a successful claim, you typically need to show:

1. That you are a member of a protected class (in this case, gender)
2. That you were qualified for the job or promotion
3. That you suffered an adverse employment action (fired, demoted, not hired, etc.)
4. That someone of a different gender was treated more favorably under similar circumstances

You don’t need a smoking gun to move forward. Patterns of behavior, inconsistencies in how rules are enforced, or derogatory comments can all contribute to a valid case.

Harassment Is Still Harassment — No Matter Who It's Aimed At

Workplace harassment based on gender doesn’t have to be sexual in nature to be unlawful.

If you're a man being consistently teased, belittled, or excluded because of your gender — or if coworkers make hostile remarks based on stereotypes — your employer has a legal duty to address it.

This applies to:

• Harassment from supervisors or coworkers
• Repeated “jokes” or comments that create a toxic environment
• Comments about masculinity or sexual orientation
• Being mocked for taking leave or showing emotion

And just like with women, men who face harassment based on their perceived failure to conform to gender norms — like not being “masculine enough” or not fitting in with the “boys’ club” — may also have legal protection.

What Should You Do If You Suspect Discrimination?

If something feels off, trust your gut — but back it up with action. Here’s how to start:

1. Document Everything

Keep a record of any questionable interactions, decisions, or comments. Save emails, take notes after meetings, and write down the date and time of any discriminatory incidents.

2. Review Company Policies

Look through your company handbook. Many employers have internal anti-discrimination policies. If they’re not being followed, that could support your case.

3. Talk to HR — But Proceed with Caution

If you feel safe doing so, report your concerns to human resources. Be professional and direct. But remember: HR works for the company. If your complaint isn’t taken seriously — or if you face backlash — it’s time to talk to someone outside the organization.

4. Contact an Employment Lawyer

Speaking with a qualified gender discrimination attorney in New Jersey can help you figure out your legal options. Whether you want to negotiate a resolution or file a formal complaint, a lawyer can guide you through every step.

5. Filing a Complaint

If your employer refuses to take action or retaliates against you, you have the right to file a formal complaint. In New Jersey, this can be done in two main ways:

• File a claim with the New Jersey Division on Civil Rights (DCR)
• File a lawsuit in state or federal court

There are strict time limits for taking legal action, so don’t wait too long. 

Why Some Men Stay Silent

Even with these protections, men are often hesitant to report discrimination. Why?

• Fear of being labeled weak or unprofessional
• Worry that HR won’t take them seriously
• Social stigma around men asking for help
• Pressure to "tough it out" or be "one of the guys"

Here’s the truth: your rights matter, regardless of gender. Discrimination doesn’t become acceptable just because it’s happening to a man.

Gender Discrimination Doesn’t Play Favorites

According to a CNBC poll cited by The Washington Post, 10% of men said they’ve experienced sexual harassment or misconduct at work. Almost 1 in 5 complaints — around 17% — filed with the U.S. Equal Employment Opportunity Commission come from men, many of whom say they were targeted for not fitting traditional ideas of masculinity.

Discrimination hurts no matter who it targets. While women have historically borne the brunt of workplace inequality, men also experience unfair treatment based on gender — and when they do, they deserve just as much empathy and support.

In fact, male discrimination rights in NJ are firmly protected by the New Jersey Law Against Discrimination. If you've been passed over for a job, denied parental leave, harassed based on gender stereotypes, or retaliated against for speaking up, you have every right to seek justice. 

Don’t assume it’s just the way things are. You may have a strong legal claim — and you don’t have to navigate it alone.

Talk to Someone Who Can Help

If you're unsure about what happened — or want help exploring your legal options — talk to a knowledgeable gender discrimination lawyer in New Jersey today. You may be entitled to back pay, emotional damages, or a new opportunity to move forward.

Everyone deserves fairness at work — no matter their gender. Contact us for a free, confidential consultation.