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Gender sex change laws in the workplace

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justalayman

Senior Member
I'm trying to protect the store from any problems either way and in order to do that I need to know the law, either it's legally ok or it's not.
I don't think there is a solid answer on this. It would appear NJ enacted some new law addressing this, to an extent about 7 years ago. I have not read any court decisions regarding this but the first thing I read suggested the law allows the gender identity to be how the person is to be treated. If the person involved has a problem with your rule, before attempting to enforce it, I would strongly suggest a sit down with a lawyer familiar with the issue, specific to New Jersey. It would be cheaper than any possible lawsuit resulting from a prohibited action.
 


I'mTheFather

Senior Member
So this person has a penis? That's a male, at least in terms of what bathroom he should be using. I know of no law which states you cannot tell him he must use the bathroom that goes with his/her genitals.
So, what would you suggest for a hermaphrodite? I wouldn't be so quick to advise based on your lack of knowledge of laws.
 

I'mTheFather

Senior Member
f. (1) For any owner, ... or employee of any place of public accommodation directly or indirectly to refuse, withhold from or deny to any person any of the accommodations, advantages, facilities or privileges thereof, ... or denied to any person on account of the race,... sex, gender identity or expression, ...or nationality of such person, or that the patronage or custom thereat of any person of any particular race, ..., gender identity or expression, ... or nationality is unwelcome, objectionable or not acceptable, desired or solicited, and the production of any such written or printed communication,..., purporting to relate to any such place and to be made by any owner, ... or manager thereof, shall be presumptive evidence in any action that the same was authorized by such person; provided, however, that nothing contained herein shall be construed to bar any place of public accommodation which is in its nature reasonably restricted exclusively to individuals of one sex, and which shall include but not be limited to any summer camp, day camp, or resort camp, bathhouse, dressing room, swimming pool, gymnasium, comfort station, dispensary, clinic or hospital, or school or educational institution which is restricted exclusively to individuals of one sex, provided individuals shall be admitted based on their gender identity or expression, from refusing, withholding from or denying to any individual of the opposite sex any of the accommodations, advantages, facilities or privileges thereof on the basis of sex; provided further, that the foregoing limitation shall not apply to any restaurant as defined in R.S.33:1-1 or place where alcoholic beverages are served.
Shortened a bit.

Oh darn, I thought that would be easier to read, but now that I'm rereading it, well, it isn't. :eek:
 
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swalsh411

Senior Member
So, what would you suggest for a hermaphrodite? I wouldn't be so quick to advise based on your lack of knowledge of laws.
I'm not wrong. The law specifically allows reasonable restrictions based on gender. Saying "if you have a penis you need to use the little boys room not the little girls room" is not unreasonable. If you know a NJ Court that has disagreed then by all means please don't keep it to yourself.
 

swalsh411

Senior Member
I'm not reading that entire thing again.

Are you seriously attempting to make the argument that it is illegal for an employer to tell an employee with a penis that he/she/whatever must use the men's room?
 

justalayman

Senior Member
I'm not wrong. The law specifically allows reasonable restrictions based on gender. Saying "if you have a penis you need to use the little boys room not the little girls room" is not unreasonable. If you know a NJ Court that has disagreed then by all means please don't keep it to yourself.
yes, it does but the law defines gender as the individuals gender identity, not the physically determined gender.
 

swalsh411

Senior Member
I'm still waiting for somebody to post a NJ Court decision saying it's illegal to make a person with a penis use the little boys room.
 
I have been striving to find out NJ law and I have heard what you said, that the "genitals" they have make no difference. I the government entity that should have the answer and emailed them, but to date no response;(
 

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