In a significant update to business practices in New Jersey, the Office of the Attorney General has mandated that businesses, especially within the hospitality sector, adopt gender-neutral dress codes for both patrons and employees. Announced on June 28, 2024, this change reflects a move away from the long-standing tradition of gender-specific dress codes and aims to ensure compliance with the New Jersey Law Against Discrimination (LAD).

The Case of Brando’s Citi Cucina

The shift towards gender-neutral dress codes was prominently highlighted by a recent case involving Brando’s Citi Cucina, a well-known Italian restaurant in Asbury Park. According to the New Jersey Attorney General’s Office, a customer who identified as non-binary claimed they were denied service due to the restaurant’s gender-binary dress code policy, which prohibited men from wearing sleeveless shirts but did not impose the same restriction on women.

In 2023, the state Division of Civil Rights found probable cause that Brando’s policy violated the LAD. Despite the patron informing the staff of their non-binary status, they were still required to adhere to the men’s dress code. This led to a consent decree between the restaurant and the Attorney General’s Office.

Terms of the Consent Decree

As part of the consent decree, Brando’s Citi Cucina, along with four other restaurants it operates in New Jersey, will implement a gender-neutral dress code. Additionally, the restaurant is required to provide training for its staff on the updated dress code and further training on LGBTQ+ discrimination. The restaurant also agreed not to refuse service to any individual based on their gender identity or any other protected characteristic under the LAD.

The resolution also included financial components: Brando’s will pay the complainant $5,000 and an additional $5,000 civil penalty to the state’s Division of Civil Rights.

Broader Implications for New Jersey Businesses

The Attorney General’s decision to enforce gender-neutral dress codes signals a notable shift in business operations across New Jersey. Historically, many establishments have maintained gender-specific dress codes. However, the Attorney General’s Office has clarified that such practices are no longer permissible under state law.

The mandate for gender-neutral dress codes in New Jersey represents a significant development for businesses, particularly in the hospitality sector. Establishments are now required to reevaluate and modify their dress code policies to ensure compliance with the new standards set forth by the Attorney General’s Office. This decision underscores the importance of adhering to the principles of the New Jersey Law Against Discrimination and reflects the ongoing efforts to enforce these protections across the state.

Businesses should remain vigilant and proactive in updating their policies to align with these changes to avoid potential enforcement actions.