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State Employment Law Articles
Article Index » new jersey » sex discrimination » Gender Identity, New Jersey
Report Link Single Anti-Gay Comment May Create Hostile Work Environment.
Ogletree Deakins - September 10, 2008
Continuing the trend of recent cases which have expressed little tolerance for bigoted comments in the workplace, the Appellate Division held that a single anti-gay remark by a supervisor – who allegedly called her subordinate a “stupid fag” under her breath after an argument – may be enough to create a hostile working environment under the NJLAD, and sent the case back for a trial. The Court found the facts here comparable to those in Taylor v. Metzger, 152 N.J. 490 (1998), where the Supreme Court held that a single racist remark by a supervisor, who called a subordinate “jungle bunny,” could create a hostile working environment. The Kwiatkowski decision follows the decision last month in Cutler v. Dorn, in which the Supreme Court held that anti-Semitic remarks in the workplace were serious enough to create a hostile working environment.
Report Link New Jersey Now Prohibits Gender Identity Discrimination (pdf).
Vedder Price - August 31, 2007
In June 2007, New Jersey amended its Law Against Discrimination (LAD) to cover “gender identity and expression.” The LAD now protects individuals who have or are perceived as having “a gender related identity or expression . . . not stereotypically associated with a person’s assigned sex at birth, including transgender status,” from discrimination in employment, housing, public accommodation and qualifi cation for loans.
Report Link Gender Identity Now a Protected Characteristic in New Jersey.
Jackson Lewis LLP - July 18, 2007
Legislation making gender identity or expression a protected characteristic under the New Jersey Law Against Discrimination ("LAD") took effect on June 17, 2007. The law, approved by the state legislature and signed by Governor Corzine last December, makes it illegal for employers and others to discriminate on the basis of gender identity or expression.

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