Legislation would expand New Jersey’s anti-discrimination law to protect workers of any gender experiencing menstruation, perimenopause, or menopause.
Trenton, NJ – New Jersey lawmakers have introduced legislation that would make it illegal for employers to discriminate against workers based on menstruation, perimenopause, or menopause under the state’s Law Against Discrimination regardless of what gender the person identifies as.
The bill, sponsored by Sen. Vin Gopal of Monmouth County and Sen. Angela V. McKnight of Hudson County, would add those conditions to the list of protected characteristics in the state’s civil rights law.
Key Points
• New Jersey bill would ban workplace discrimination tied to menstruation, perimenopause, and menopause
• Protections would apply to employees of any gender when symptoms affect job performance
• Measure would expand the state’s Law Against Discrimination
Expanding protections under state civil rights law
The proposal would amend the New Jersey Law Against Discrimination to make it unlawful for employers to refuse to hire, fire, or otherwise treat workers differently because of menstruation, perimenopause, or menopause.
Under the bill, the protections would apply when symptoms substantially interfere with an employee’s ability to perform one or more job functions.
The language of the legislation applies broadly to any individual, meaning the protections would extend to workers of any gender who experience symptoms related to menstruation or menopause.
Applies to employers, unions, and hiring agencies
The measure would also prohibit discrimination by labor organizations and employment agencies.
That means unions could not exclude or penalize members and hiring agencies could not limit job opportunities based on symptoms related to menstruation, perimenopause, or menopause.
Employers would also be barred from publishing job advertisements or application materials that indicate a preference or limitation based on those conditions.
Definitions added to state law
To implement the change, the bill would add formal definitions to the statute.
Menopause would be defined as the permanent end of a menstrual cycle diagnosed by a licensed medical provider after 12 consecutive months without a menstrual period.
Perimenopause would be defined as the transitional phase leading to menopause, typically marked by hormonal fluctuations and changes in menstrual cycles. The bill identifies that discrimination based on gender identity would also be covered if passed into law.
If approved by lawmakers, the bill would take effect immediately.
