An Emerging Trend: Gender Identity as a Protected Characteristic
Tara Perillo - Blank Rome LLP
July 18, 2007
On June 17, 2007, New Jersey joined the ranks of a handful of states that explicitly prohibit transgender discrimination, adding “gender identity and expression” to the list of protected characteristics under the New Jersey Law Against Discrimination (NJLAD). While not widespread, New Jersey’s amendment to the NJLAD represents a growing trend among states adding gender identity bias to the list of prohibited forms of discrimination. In fact, currently pending at the federal level is the Employment Non-Discrimination Act of 2007 (H.R. 2015) which, if passed, would prohibit employment discrimination on the basis of sexual orientation and gender identity.
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