An Emerging Trend: Gender Identity as a Protected Characteristic

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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