Will Federal Law be Found to Prohibit Discrimination in Employment Against LGBTQ Employees?

The New Jersey Law Against Discrimination (“LAD”) prohibits discrimination in employment on the basis of an employee’s sexual orientation and/or gender identity and expression. However, the question of whether federal law, namely Title VII of the Civil Rights Act of 1964, prohibits discrimination in employment against such individuals is an unsettled question which the United States Supreme Court has agreed to consider in its next term.

The Supreme Court agreed to hear these cases, in part, because the lower courts are divided on the issue. Unlike the Obama Administration, the Trump Administration has taken the position that current federal law does not prohibit discrimination in employment against LGBTQ employees.

A decision from the Court is expected by June 2020.