On this section of our website, BCLA is providing information and references to federal and  state legal codes and department policies. This information is not a form of legal advice, and our community members should consult an appropriately qualified attorney if they wish to know how any particular law or regulation applies to their specific circumstances.

Introduction and important information

Welcome to Bergen County LGBTQ+ Alliance’s 2025 guide to a number of important legal rights available to members of the LGBTQ+ community living, working, and/or learning in New Jersey.

The production of this guide has been sponsored by the Foundation of the New Jersey Bar Association.

We would also like to thank faculty and students from Fairleigh Dickinson University who contributed to the development of this guide.

Please note that nothing in this guide constitutes legal advice.  To obtain definitive answers to specific questions or fact patterns you will need to obtain legal advice from a licensed attorney.

This guide aims to cover many of the rights of people who are living, working, or learning in New Jersey.  State laws on many of the issues covered in this guide differ significantly from state to state.  Therefore, this guide will not be relevant where the activity in question occurs outside of New Jersey.

Please note that this guide is currently being finalized.  This Edition only aims to cover general rights to access goods and services, employment, housing and education.  Further sections are currently being prepared and will cover additional areas such as healthcare, marriage and family related issues.

This guide, even when it is complete, does not claim to be exhaustive of all legal rights or legal issues that may impact on the everyday lives of the LGBTQ+ community.  Our aim, in producing the guide, has been to give general guidance on some of the more regularly asked questions in this area. 

This guide addresses several topics that are currently the subject of intense political debate. Policy positions in these areas have shifted significantly between the Biden and Trump administrations.  As a consequence, there may be changes to the position on a number of issues covered by this guide, at least at the federal level.  This guide may be updated from time to time as funding to make such updates becomes available, but changes are occurring quickly and unpredictably and therefore this guide may not always be fully up to date.

Several of the issues in this guide are covered by provisions of both federal and state law.  We have tried to indicate where we think, respectively, federal or state law are likely to prevail.  However, the current federal administration seems to be taking an expansive view of its powers and therefore there may be areas where there is no clear answer or conflict as to which law prevails.  In particular, where activities are funded by federal funds, it is likely that the federal government will seek to impose its views, even if the legal theory derived from underlying concepts and Supreme Court precedence indicate that states’ rights apply.  Education and healthcare may prove to be particular examples of this and therefore, as federal policy in these areas further develops, we recommend that members of the community monitor developments in these areas particularly closely. 

Discrimination in Providing Goods and Services and in “Public Accommodations”

Can someone refuse to serve me in a shop, restaurant or other business because I am LGBTQ+?

No, discrimination is prohibited in places of “public accommodation” based on sexual orientation or gender identity or perceived sexual orientation or gender identity.[1]

A place of public accommodation is generally any place that offers goods, services, or facilities to the public, including:

●      Schools, colleges and universities

●      Stores and businesses

●      Restaurants

●      Summer camps

●      Hotels & motels

●      Medical providers, hospitals, and doctors’ offices

●      Government offices or agencies

Can someone claim that their religious conscience prevents them from providing services to me for being LGBTQ+?

No - see above answer.  

It is important to note, however, that, following the 2023 Supreme Court decision 303 Creative LLC v. Elenis[2], the New Jersey Division on Civil Rights established an exception to the New Jersey Law Against Discrimination (NJLAD). To assert an exemption, a public accommodation must demonstrate that (1) its creative services are "original" and "customized and tailored" for each customer, and (2) the creation is "expressive," conveying the creator's own First Amendment-protected speech. Even in such cases, the public accommodation's refusal to provide the creative service must be based on the message it communicates, not solely on the customer's identity or protected characteristic.[3]

Employment  

Can someone refuse to hire me for being LGBTQ+?

No, under both federal and state law, an employer cannot refuse to hire you because you are LGBTQ+.[4]
  

Can I be fired from my job for being LGBTQ+?

No, under both federal and state law, you cannot be fired from your job for being LGBTQ+.[5]

Can I be denied a promotion or pay raise or be demoted for being LGBTQ+?
No, under both federal and state law, you cannot be denied a promotion, pay raise or be demoted for being LGBTQ+.[6]

Housing   

When addressing housing rights for individuals based on sexual orientation and gender identity, it is often best to rely on state rather than federal law. This is due to the changing interpretation of HUD guidance under the current administration. State laws may offer clearer protections in state-related housing matters.  However, please see the introductory text to this guide - and note that, especially where federal funds are being used to provide accommodation (e.g. defence personnel accommodations), Federal policies, guidance and regulations may intervene.

Can a landlord refuse to rent to me for being LGBTQ+?

No, state law prohibits landlords from discriminating based on sexual orientation or gender identity.[7]

What rights do LGBTQ+ individuals and people living with HIV have in long-term care facilities?

New Jersey law makes it illegal for long-term care facilities to discriminate against LGBTQ+ and HIV+ seniors and prohibits long term care facilities from discriminating “based in whole or in part on a person’s actual or perceived sexual orientation, gender identity or expression, inter sex status, or HIV status” by taking any of the following actions:[8]

Facilities are precluded from:  

●      Denying admission to a facility, transferring or refusing to transfer a resident within a facility or to another facility, discharging or evicting a resident;

●      Opposing a request by residents to share a room;

●      Where rooms are assigned by gender, assigning, reassigning , or refusing to assign, a room to a transgender or non-binary resident other than in accordance with the resident’s gender identity, unless at the resident’s request;

●      Forbidding or harassing (e.g., requiring ID documents to gain entry, etc.) a resident who seeks to use a restroom available to other persons of the same gender identity.;

●      Repeatedly failing to use a resident’s chosen name or pronouns despite being informed;

●      Denying a resident from wearing, or to be dressed in, clothing, accessories, or cosmetics of their choice;

●      Restricting a resident’s right to associate with other residents or visitors, including the right to consensual sexual relations;

●      Denying, restricting, or providing unequal medical or non-medical care or providing such care that unduly demeans the resident’s dignity or causes avoidable discomfort; and 

●      Declining to provide any service, care, or reasonable accommodation to a resident or applicant for services.

Education  

Please see the introductory text of this guide.  There is a risk that state laws and regulations will be overridden in this area by policies of the federal government where part or all of relevant funding is derived from the Federal Government.

Can teaching staff in public school refuse to teach me if I am LGBTQ+?

 No, public school districts cannot discriminate based on sexual orientation and gender identity.

Can I be disciplined in school for being (or appearing as) LGBTQ+?

No. Under the First Amendment, students have the right to express their identity in public school.[9]

Also, New Jersey law provides equal access for all students to educational activities and programs by district boards of education.  These regulations protect students based on, among other things, sexual orientation and gender identity or expression.[10]

Are there anti-bullying laws to protect me from bullying by other students, teachers, and school staff on the basis of my sexual orientation and/or gender identity?  Yes. The New Jersey Anti- Bullying Act[11] requires public schools to investigate and respond to all reported incidents of harassment, intimidation, or bullying (HIB), including those based on actual or perceived sexual orientation, gender identity, or gender expression. 

The NJLAD protects a student from discrimination and harassment based on a protected class. Under the NJLAD, an aggrieved student must allege discriminatory conduct that would not have occurred "but for" the student's protected characteristic, that a reasonable student of the same age, maturity level, and protected characteristic would consider sufficiently severe or pervasive enough to create an intimidating, hostile, or offensive school environment, and that the school district failed to reasonably address such conduct.[12]  This standard is similar to that used in workplace harassment cases and focuses on the school's responsibility to prevent and correct discriminatory environments.

Transgender Specific Issues in Education

Can I be prevented from participating in gender identity-appropriate sports in school?

There is conflicting guidance at this time.

Federal: President Trump signed an Executive Order on February 5, 2025, titled “Keeping Men Out of Women’s Sports,” mandating Title IX[13] to be interpreted as prohibiting the participation of  “a person belonging, at conception, to the sex that produces the small reproductive cell” from participating in women’s athletics. Schools could jeopardize their federal funding for noncompliance.  There are still unanswered questions about how this order will be implemented.  Note: Congress has failed to pass a law barring transgender individuals from participating in women’s sports (3/6/25).

State: There is protection in New Jersey.  N.J.S.A. 18A:36-41 directs the Commissioner of the New Jersey Department of Education to establish guidelines to provide direction for schools in addressing common issues concerning the needs of transgender students, and to assist schools in establishing policies and procedures that ensure a supportive and nondiscriminatory environment for transgender students. This guidance explains that with respect to gender-segregated classes or athletic activities, including intramural and interscholastic athletics, all students must be allowed to participate in a manner consistent with their gender identity. School districts shall provide transgender students with the same opportunities to participate in physical education as other students in accordance with their gender identity; and permit a transgender student to participate in gender-segregated school activities in accordance with the student’s gender identity.[14]

Can I be prevented from using a gender identity-appropriate restroom provided in a school or college?

Federal: On January 29, 2025, President Trump signed a sweeping executive order. Although the exact interpretation of this order is not known at this time and no direct regulations have yet been passed, the order suggests that students in public school (K - 12) must use the bathroom for their biological gender. This executive order is a directive for the federal executive agencies and cannot mandate state action.  However, the federal government can rescind federal funding for institutions including, public schools that do not comply.

Third Circuit has found that transgender students have the right to use the bathroom that aligns with their gender identity.[15]

State: All students are entitled to have access to restrooms, locker rooms and changing facilities in accordance with their gender identity to allow for involvement in various school programs and activities. In all cases, the school principal must work with the student and staff so all parties are aware of facility policies and understand that the student may access the restroom, locker room, and changing facility that corresponds to the student's gender identity. Transgender students who are uncomfortable using a sex-segregated restroom should be provided with a safe and adequate alternative, such as a single "unisex" restroom or the nurse's restroom.[16]

Notes

[1] See New Jersey Law Against Discrimination (NJLAD), N.J. Stat. Ann. §§ 10:5-1 to 10:5-49.

[2] 303 Creative LLC v. Elenis, 600 U.S. 570 (2023).

[3] New Jersey Office of the Attorney General & Division on Civil Rights, Guidance on the New Jersey Law Against Discrimination Following the U.S. Supreme Court’s Decision in 303 Creative LLC v. Elenis, No. 2023‑0726 (July 26, 2023).

[4] See Title VII of the 1964 Civil Rights Act (Title VII), 42 U.S.C. § 2000e et seq.  See also Bostock v. Clayton County, 140 S. Ct. 1731 (2020) (“Because discrimination on the basis of homosexuality or transgender status requires an employer to intentionally treat individual employees differently because of their sex, an employer who intentionally penalizes an employee for being homosexual or transgender also violates Title VII.”). Title VII applies to places of employment with fifteen or more employees.  See also New Jersey Law Against Discrimination (NJLAD), N.J. Stat. Ann. §§ 10:5-1 to 10:5-49. Unlike Title VII, NJLAD applies to all places of employment, regardless of the size or number of employees.

[5] See Title VII; NJLAD.

[6] See id.

[7] See NJLAD.

[8] See N.J. Stat. P.L. 2021, c.33 (S. 2545).

[9] U.S. Const. amend. I. See generally Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) (holding that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate").

[10] See NJLAD; N.J. Admin. Code § 6A:7‑1.1 (2024).

[11] See N.J.S.A. 18A:37-14.  This statute defines "harassment, intimidation, or bullying" (HIB) as any gesture, written, verbal, or physical act, or any electronic communication that is reasonably perceived as being motivated by an actual or perceived characteristic—such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, or any other distinguishing characteristic.  The conduct must take place on school property, at a school-sponsored event, on a school bus, or off school grounds (as specified in N.J.S.A. 18A:37-15.3) and must substantially disrupt or interfere with the orderly operation of the school or the rights of other students.

To qualify as HIB, the act must also meet at least one of the following conditions:

A reasonable person should know, under the circumstances, that it will have the effect of physically or emotionally harming a student, damaging the student’s property, or placing the student in reasonable fear of such harm or damage;

Has the effect of insulting or demeaning any student or group of students; or

Creates a hostile educational environment for the student by interfering with their education or by severely or pervasively causing physical or emotional harm.

[12] See L.W. v. Toms River Regional Schools Board of Education, 189 N.J. 381, 915 A.2d 535 (N.J. 2007) (holding that “because the Act's broad statutory language is clear, we hold that the LAD recognizes a cause of action against a school district for student-on-student affectional or sexual orientation harassment. We also hold that a school district is liable for such harassment when the school district knew or should have known of the harassment but failed to take actions reasonably calculated to end the mistreatment and offensive conduct. Our conclusion furthers the legislative intent of eradicating the scourge of discrimination not only from society, but also from our schools, thus encouraging school districts to take proactive steps to protect the children in their charge)(noting that this case offers broader protections than Title IX and its deliberate indifference standard).

[13] It should be noted that Title IX was passed based on Congress’s Spending Clause, therefore meaning that a school’s failure to comply could comprise their funding. .

[14] See N.J.S.A. § 18A:36-41.  See also New Jersey Department of Education. Transgender Student Guidance for School Districts. https://www.nj.gov/education/safety/sandp/climate/docs/Guidance.pdf.

[15] “Policies that exclude transgender individuals from privacy facilities that are consistent with their gender identities "have detrimental effects on the physical and mental health, safety, and well-being of transgender individuals." These exclusionary policies exacerbate the risk of "anxiety and depression, low self-esteem, engaging in self-injurious behaviors, suicide, substance use, homelessness, and eating disorders among other adverse outcomes." The risk of succumbing to these conditions is already very high in individuals who are transgender. In a survey of 27,000 transgender individuals, 40% reported a suicide attempt (a rate nine times higher than the general population). Yet, when transgender students are addressed with gender appropriate pronouns and permitted to use facilities that conform to their gender identity, those students "reflect the same, healthy psychological profile as their peers."

Doe v. Boyertown Area Sch. Dist., 897 F.3d 518, 523, 2018 U.S. App. LEXIS 20792, *6, 2018 WL 3581456 (3d Cir. Pa. July 26, 2018)

[16] See N.J. Stat. Ann. § 18A:36‑41 (West 2025); see also N.J. Dep’t of Educ., Transgender Student Guidance for School Districts (July 2023), https://www.nj.gov/education/safety/sandp/climate/docs/Guidance.pdf.