Do you work at a company that has a dress code? You are certainly not alone. Many businesses and organizations in New Jersey have expectations (or strict requirements) for how employees should dress in the workplace. For many years, it was common for employers in New Jersey to have a separate dress code requirement for men and for women. That is no longer a permissible practice. In 2024, New Jersey regulators clarified that the Law Against Discrimination (LAD) mandates gender neutral dress codes. In this article, our New Jersey workplace discrimination attorney provides an overview of the key things to know about dress code requirements and gender.
Employers May Have Workplace Dress Code Requirements in New Jersey
First and foremost, it is important to understand that employers in New Jersey can adopt a dress code in place. Indeed, companies and organizations in our state have the right to implement both workplace dress codes and workplace grooming policies. The key limitation is that these policies must be applied consistently and must not discriminate against employees based on protected characteristics, such as gender/sex.
Workplace Dress Code Requirements Cannot Be Discriminatory in New Jersey
The New Jersey Law Against Discrimination (LAD) prohibits workplace discrimination on the basis of a wide range of different characteristics, including sex, gender, gender identity, and gender presentation. Employers in New Jersey should avoid mandating any workplace dress code standards that are discriminatory on the basis of gender.
Note: The LAD applies to all employers in New Jersey. Even a very small business with only a single employee is required to comply with our state’s anti-discrimination laws.
Case Example: New Jersey Restaurant has Discriminatory Dress Code Policy
In 2024, the New Jersey Office of the Attorney General and the New Jersey Division on Civil Rights (DCR) entered into a consent decree with an employer in a case involving workplace dress code requirements and gender discrimination laws. The consent decree—which is related to the restaurant’s dress code for both employees and customers has important implications for employers and employees in our state. Here are key details to know about the case:
- Following an investigation, New Jersey Attorney General Matthew J. Platkin announced that Brando’s Citi Cucina—a restaurant located in Asbury Park—agreed to settle a complaint alleging gender-based discrimination by a non-binary patron. The customer alleges that the restaurant violated the New Jersey LAD by implementing a gender-binary dress code, which prohibited men—but not women—from wearing sleeveless shirts. The patron, who identified as non-binary, was denied service despite informing staff of their gender identity.
Based on the terms of the consent decree, the case has significant implications for employment law in New Jersey. As part of the settlement, the restaurant agreed to adopt a gender-neutral dress code across its five New Jersey locations. The dress code will apply to both patrons and employees. The settlement also includes mandatory training on LAD compliance, a renewed commitment to non-discriminatory policies, $5,000 to the complainant, and an additional $5,000 civil penalty.
The Bottom Line: Employers in New Jersey Should Have Gender Neutral Dress Code Policy
State regulators are clear: New Jersey’s LAD prohibits employers from enforcing gender-specific dress codes that discriminate based on gender identity or expression. The New Jersey Division on Civil Rights (DCR) has indicated its position of the law, which is that employers that maintain gender-specific dress codes are acting in a discriminatory manner. LGBTQ+ employees suffer disproportionate adverse impact from gender-based dress codes.
Indeed, the DCR advised employers in New Jersey to review and, if necessary, update their dress code policies to ensure they are gender-neutral and do not disproportionately impact any protected class. If you are an employee—whether male, female, or non-binary—and you were forced to comply with a gender-based dress code policy that you were not comfortable with, you may be entitled to relief, potentially including compensation, for discrimination. A New Jersey employment lawyer can help.
Contact Our New Jersey Gender Discrimination Attorney for a Confidential Consultation
Charles Z. Schalk is a New Jersey employment lawyer with the skills, knowledge, and experience to handle the full range of workplace discrimination cases, including gender discrimination claims. If you have any questions about dress code and gender discrimination, we are here to help. Call us at (908) 526-0707 or contact us online for a fully confidential, no obligation initial consultation. We handle employment law matters throughout all of New Jersey.