For years, the New Jersey Law Against Discrimination (LAD) has held that it's illegal to discriminate against an individual, including on the basis of gender, gender identity or gender expression, in any place of "public accommodation."
Earlier this year, the U.S. Departments of Education and Justice sent a joint letter to schools regarding the treatment of transgender students. The letter provided guidance to schools on how to create a "supportive and nondiscriminatory school environment" for transgender students. The notion that students should be free from discrimination seems to be a controversial one for many. A number of states have filed suit to stop the government from even recommending ways to provide a non-discriminatory environment for students. Texas, Georgia, Maine and 10 other states are asking a Federal Judge in Fort Worth to put a stop to the recommendations, despite the fact that the letter has no legal weight and contains no penalty for states choosing to ignore it.
The New Transgendered Battleground: Bathrooms?