New Jersey Sex Discrimination laws & HR compliance analysis

New Jersey Sex Discrimination: What you need to know

The New Jersey Law Against Discrimination (LAD) prohibits discrimination in employment on the basis of sex, affectional or sexual orientation, pregnancy, gender identity or expression, or marital, civil union, or domestic partnership status (NJ Rev. Stat. Sec. 10:5-12). Sexual harassment is also prohibited.
Under a separate state law, contractors and subcontractors on public works projects are prohibited from employment practices that discriminate on the basis of marital status, gender identity or expression, affectional or sexual orientation, or sex (NJ Rev. Stat. Sec. 10:2-1).
Affectional or sexual orientation. The LAD defines "affectional or sexual orientation" as male or female heterosexuality, homosexuality, or bisexuality by inclination, practice, identity, or expression. The definition also includes having a history of such orientation or being perceived, presumed, or identified by others as having such an orientation.
Gender identity or expression. The LAD protects individuals from employment discrimination on the basis of their gender identity or expression. "Gender identity or expression" means having or being perceived as having a gender-related identity or expression whether or not stereotypically associated with a person's assigned sex at birth (NJ Rev. Stat. Sec. 10:5-5(rr)). Under the law, employers must permit an employee to "appear, groom, and dress consistent with the employee's gender identity or expression."
Civil unions. Under state law, a same-sex civil union is a legally recognized union (NJ Rev. Stat. Sec. 37:1-28). Same-sex civil union couples have the same rights, benefits, and legal responsibilities as married couples. Same-sex marriage is also legally recognized in New ...

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