In our state the New Jersey LAD wouldn’t be as terrific a statute as it were if it allowed people to be discriminated against or harassed just because they were thought to be a member of a protected group. And I’ll give you an example.
If you have a disability or a handicap you can’t be harassed or discriminated against, but the New Jersey law against discrimination also prevents you from being harassed or discriminated against if you’re perceived to have a handicap or disability even when you don’t.
It prevents you from being discriminated against or harassed if you are straight but perceived to be gay, or gay and perceived to be straight. And if you are perceived to be of a particular religious bent when you’re not.
We’re trying to prevent discrimination in the workplace here and it wouldn’t work if the only discrimination we could prevent is when the bigot gets it right.
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