Just saw this article from the Nukk-Freeman & Cerra law firm on a recent NJ LAD (Law Against Discrimination) case, based on a male/female dress code at a restaurant. A non-binary customer was denied entry in a sleeveless shirt. Sleeves were required for men, but not for women. The case was resolved by the NJ Attorney General with some substantial remedies, with the restaurant agreeing to :
- adopt a gender-neutral dress code for customers and employees for all of its New Jersey locations;
- arrange for training on the LAD, on preventing LGBTQ+ discrimination in places of public accommodation, and on [the] newly adopted gender-neutral dress code for all owners, managers, patrons, and employees;
- refrain from discriminating against anyone on the basis of gender identity or expression, or other protected characteristics, in violation of the LAD;
- refrain from taking any action or establishing any practice or policy that has a disparate impact on members of a protected class in violation of the LAD;
- refrain from engaging in “retaliatory conduct…or authoriz[ing] any of its employees or agents to engage in any such conduct”.
Not only does discrimination based on gender identity violate NJ and federal employment laws, but LGBTQ+ discrimination is also bad business. According to a widely-reported new study published by the Centers for Disease Control and Prevention, done after a national survey, about 3.3 percent of high school students identify as transgender and another 2.2 percent are questioning their gender identity. Do you want to drive away business from so many people? Do you want to lose such a big proportion of your potential employees?
Looking for help in revising your dress code to be more inclusive of the 21st Century workforce? The Human Rights Campaign Foundation has some ideas for you: https://www.thehrcfoundation.org/professional-resources/workplace-dress-codes-and-transgender-employees.
The best employers strive to foster a diverse, inclusive, and respectful workplace. These organizations are in the best position to attract and retain top talent. They create the kind of highly productive environment where people are free to bring their whole selves to work.
