Our partnerships make our work possible. The first State LGBTQ+ Business Climate Index released in 2019 was funded by a grant from the Gill Foundation. The Index is based on data graciously shared by the Movement Advancement Project and the Williams Institute. Ropes & Gray is our pro bono legal partner for the CEO Business Briefs globally, and their research informs this Index. FCB partnered with us to conduct original market research into American attitudes toward LGBTQ+ workplace inclusion, informing the Regional Context section of the State CEO Briefs. America Competes supported the development of the scoring for the Risk Assessments, particularly for the Future Risk score.

Out Leadership and FCB partnered on original market research into the attitudes of American workers on LGBT+ inclusion, which fielded in 2019 and 2020. These briefs as a whole will be updated on an ongoing basis by Out Leadership because we recognize the ever-changing nature of policy on the local, state, and national level.

The Northeast has the lowest percentage of those who are out at work (49.6%).  LGBT+ workers in urban environments, however, do feel slightly more comfortable talking about their personal lives vs urban LGBT+ workers for the rest of the country (17% more likely than nationwide). Workers in this region are more likely to hear or engage in negative conversations about LGBT+ people at work.  Particularly for the non-LGBT+ group, which is 23% more likely to report observing or experiencing negative conversations about LGBT+ people vs the nation as a whole. Despite being more likely to hear negative conversations at work, workers in this region are the least likely to say that they hear this negativity from state leadership.  They are 61% less likely to report that leadership in their state talks about LGBT+ people in predominantly negative terms. Like most regions, there is a strong difference between urban and rural audiences, especially for the self-rated importance of team diversity when looking for jobs.  LGBT+/Allies living in Rural areas care the least about diverse teams when looking for jobs (49% less likely than nationwide).  Finally, audiences in the Northeast were 20% more likely to list “Supporting LGBT+ Pride celebrations” as one of their top 3 ways businesses can demonstrate their support for the community.

** Unless otherwise noted, all comparisons for more or less likely are compared to the National results.  Regional results are based off of 1,500 respondents (LGBT+ and Non-LGBT+ responses have been weighted to be age-representative for each audience in each region).  National results are based off of 600 respondents representative of each audience (LGBT+ vs Non-LGBT+).

States in the Northeast region included: Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont.

Current Legal Status of LGBT+ people 

Legal status of the Lesbian, Gay and Bisexual Community

• New Jersey’s Law Against Discrimination prohibits discrimination by any employer on the basis of gender identity or expression or sexual orientation in employment, housing, public accommodations, extensions of credit (including by insurance companies, banks or other lending institution) or in other business transactions.
• The Anti-Bullying Bill of Rights Act, enacted in 2011, requires public schools in New Jersey to pursue and prevent harassment, intimidation and bullying motivated by, among other things, actual or perceived sexual orientation or gender identity.
•  Regulations provide that the New Jersey Department of Human Services (DHS) shall not discriminate in providing foster care on the basis of sexual orientation, gender identity or gender expression against a child needing placement in, or already placed in, a foster home. Regulations also provide that the DHS shall not discriminate in a child’s adoptive placement based on the child’s sexual orientation or gender identity.
• Same-sex couples have been permitted to pursue adoption in New Jersey since 1997. New Jersey permits single or coupled LGBT+ people to adopt and for LGBT+ individuals to adopt a partner’s child. In the case of same-sex adoption, both parents can be named on the child’s birth certificate.
• In 2018, New Jersey passed a law authorizing certain gestational carrier agreements which treats same gender couples equally.
• DHS may not discriminate with regard to licensing a foster family on the basis of religion, sexual orientation, gender identity or marital status. They also provide that any adult may apply to be an adoptive parent, and that DHS shall not discriminate in a child’s adoptive placement on account of, among other things, religion and sexual orientation or gender identity.
• Regulations prohibit certified adoption agencies from discriminating in providing adoption-related services on the basis of, among other things, religion, marital status or civil union status (but are silent on gender identity and sexual orientation). Certified adoption agencies may not impede prospective adoptive or foster parents on the basis of race, color or national origin of the potential adoptive or foster parent or the child, but make no mention of discrimination on the basis of gender identity, sexual orientation or religion.
• Bias intimidation, which includes both sexual orientation and gender identity, is graded as a crime one degree higher than the most serious underlying charge in most cases.
• New Jersey has banned conversion therapy for minors since 2013, both legislatively and, subsequently, as an offering that violates consumer protection laws. In a pretrial hearing in June 2015, the New Jersey Superior court ruled that homosexuality is not a mental disease, disorder, or equivalent as a matter of law. Accordingly, describing homosexuality as a mental disorder that can be cured constitutes consumer fraud. This was the first ruling in the United States to find that homosexuality is not a disorder and to prohibit conversion therapy on consumer protection grounds.

Legal status of the Transgender Community

• As of February 1, 2019, transgender individuals may amend gender markers on birth certificates without gender confirmation surgery. The only requirement is a statement by the individual attesting that the request is being made to conform the petitioner’s legal gender to his or her gender identity (and, if the petitioner has changed his or her name, the related court order). There is no requirement for a court appointment, name change, physician’s or therapist’s letter. An undesignated/non-binary gender category was added that may be used on birth certificates.
• The New Jersey Motor Vehicles Commission has committed to adding a non-binary gender marker to driver’s licenses, following the new birth certificate law.
• As of July 2019, a person planning a funeral will be able to reflect the deceased’s chosen gender identity on the death certificate.
• Transgender people can change the gender listed on their driver’s licenses even if they have not changed the gender on their birth certificate. A change of gender form must be submitted and signed by a licensed physician, therapist, counselor, social worker or similar professional stating what the applicant’s gender is. Unlike with birth certificates, there is not currently a non-binary option.
• In September 2018, the New Jersey Department of Education issued guidance on a 2017 state law providing protections for transgender students. According to this guidance: school districts must accept a student’s gender identity regardless of parental consent or notification; schools should use a student’s preferred name and pronoun, print the preferred name on school documents and keep records with the birth name and gender in a separate, confidential file regardless of whether a student has legally changed his or her name; students must allowed to dress in a way that matches their gender identity; they must have access to bathrooms, etc, that match their gender identity.
• The state prohibits state-licensed hospitals, health providers, health insurers, and Medicaid from discriminating (including by denying coverage or services or inflating premiums) in providing coverage and services based on gender identity (but not sexual orientation). Medicaid covers procedures related to gender transition if the procedures are medically necessary under the insurer’s criteria.

Government statements and actions

• In April, a law went into effect making it easier to legalize parental status of non-biological parents. Previously, only parents who gestated or contributed genetic material to a child’s conception were automatically recognized, and the adoptive parent was subject to an arduous and expensive process, now simplified.
• In January 2020, Gov. Phil Murphy signed a “gay panic defense” ban into law after it overwhelmingly passed both houses.
•  In January 2019, legislation was enacted requiring public middle and high schools to teach about the “social political and economic contributions of LGBT+ individuals” beginning in the 2020-2021 school year. There has been a religious backlash to the rule as that school year draws closer, and one Republican legislator proposed offering private school vouchers to any family who found the new curriculum “harmful.”
• A Transgender Equality Task Force was created in 2018 “to ensure equality and improve the lives of transgender individuals, with particular attention to the following areas: healthcare, long term care, education, higher education, housing, employment and criminal justice.”
• In 2018, Governor Phil Murphy signed three trans rights bills into laws, establishing a “Transgender Equality Task Force,” repealing the legal requirement for gender confirmation surgery on birth certificates, creating a third gender category on official documents and including transgender and intersex people on death certificates.
• Senator Cory Booker has been a consistent and vocal supporter of LGBT+ rights, earning 100% ratings from HRC. As Mayor of Newark, Booker declined to officiate weddings for seven years in protest of marriage inequality. In 2013, Booker officiated the weddings of nine gay, lesbian, and straight couples in City Hall shortly after midnight of the first day that same-sex marriages were permitted in New Jersey.