Despite a few recent setbacks in the U.S. Supreme Court, New Jersey continues to offer some of the most extensive protections against discrimination in the country. New Jersey’s employment laws, in particular, cover a wide range of protected categories. Employers may not discriminate against employees or job applicants on the basis of those factors. The U.S. Supreme Court recently issued a ruling in 303 Creative LLC v. Elenis that effectively allowed a private business to discriminate based on sexual orientation despite a state law prohibiting that practice. In response, the New Jersey Attorney General issued a statement affirming that the laws in this state “remain among the strongest in the nation” when it comes to providing protection “against bias and discrimination.” While the Supreme Court decision does not directly impact employment discrimination law, it is worth noting the protections that remain in place for LGBTQ+ people in New Jersey.
The New Jersey Law Against Discrimination (NJLAD) protects a wide range of people from discrimination and other adverse treatment in the workplace. Its protections specifically extend to:
– Affectional or sexual orientation;
– Gender identity; and
– Gender expression.
The statute defines these terms with more specificity. “Affectional or sexual orientation,” for example, addresses how a person directs “affectional, emotional, or physical attraction or behavior” towards other people. “Gender identity or expression” refers to situations in which a person’s gender identity, or their expression thereof, does not necessarily align with stereotypes commonly associated with one’s sex.