This Fall, the most significant fashion update comes not from the runways of New York Fashion Week, but courtesy of New Jersey’s Office of the Attorney General (“OAG”). Recently, New Jersey Attorney General Matthew J. Platkin, along with Division of Civil Rights (“DCR”) Director Sundeep Iyer, announced that the State will not tolerate gender-specific dress codes as they discriminate against LGBTQ+ individuals in violation of the New Jersey Law Against Discrimination (“NJLAD”).
In 2023, the DCR issued a Finding of Probable Cause in a complaint filed against Asbury Park restaurant Brando’s Citi Cucina, in which a non-binary patron alleged Brando’s violated the NJLAD when it denied them service because their attire did not comply with Brando’s gender-specific dress code policy. Although the patron informed staff they were non-binary, Brando’s insisted they adhere to its dress code, which restricted men from wearing sleeveless shirts without imposing similar restrictions on women. As part of the consent order to resolve the complaint, Brando’s agreed to:
- Adopt a gender-neutral dress code for customers and employees at all of its New Jersey locations;
- Provide training on the NJLAD, LGBTQ+ discrimination prevention, and the new gender-neutral dress code for all owners, managers, patrons, and employees;
- Refrain from discriminating against anyone on the basis of any protected characteristic under the NJLAD, including gender identity and expression;
- Refrain from establishing a policy or practice that has a disparate impact on members of a protected class under the NJLAD;
- Refrain from engaging in retaliatory conduct;
- Pay $5,000 to the complainant; and
- Pay a civil penalty of $5,000 to the DCR.
While the consent order’s application is limited to Brando’s, it signals a significant shift toward new standards for employers throughout the State. In the OAG’s announcement of the consent order, AG Platkin stated that the resolution is the result of an ongoing effort to ensure that no one is mistreated based on their gender identity or expression. DCR Director Iyer also made clear that, under New Jersey’s civil rights laws prohibiting gender identity discrimination, it is unlawful for businesses open to the public, including restaurants, to maintain gender-specific dress codes. Accordingly, employers should review and, if necessary, update their dress code policies for customers and employees to ensure that they are gender neutral and do not have a disparate impact on any protected class under the NJLAD.
If you have questions related to or need assistance complying with New Jersey’s gender-neutral dress code mandate or other provisions of NJLAD, please reach out to the NFC Attorney with whom you typically work or call us at 973.665.9100.
