Transgender Discrimination in NJ

Attorney Kevin Costello

More and more we find that transgendered people either male to female transsexuals or female to male transsexuals are the subject of employment rights violations.

Now I don’t’ think it’s happening more, I think it’s always happened a lot but I think that finally transgendered people are demanding the same civil rights as everyone else. In New Jersey our law against discrimination was specifically amended to protect transgendered people or people perceived to be transgendered from employment rights violations.

So for example if someone goes to their employer and says, “Look I’m going to transition now, I’m going to start dressing as the opposite sex and I want to use the bathroom of my putative or intended gender” the employer has to refrain from harassment, has to refrain from discrimination and has to make reasonable accommodation for that transgendered person.

This is true in the employment context, it’s true in our schools for transgendered students, and it’s important to remember that gender identity is sometimes a fluid concept. If you are perceived to be a transgendered person or to identify with the opposite gender but you don’t’ consider yourself to be you are still protected under our law against discrimination.

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Transgender Discrimination in NJ

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Kevin Costello

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