The Attorney General Matthew J. Platkin announced today that the Division on Civil Rights (DCR) has resolved a complaint alleging that Brando’s Citi Cucina, a restaurant in Asbury Park, discriminated against a non-binary patron in violation of the New Jersey Law Against Discrimination (LAD).
“In New Jersey, we refuse to tolerate discrimination against any LGBTQ+ individuals,” said Attorney General Platkin. “Today’s resolution is the result of the hard work we’ve committed to doing so that no one is mistreated in New Jersey because of their gender identity or gender expression.”
“New Jersey’s civil rights laws make it unlawful to discriminate based on gender identity. Those protections mean that places open to the public, including restaurants, can’t maintain gender-binary dress codes that exclude LGBTQ+ people,” said DCR Director Sundeep Iyer. “As today’s settlement signals, we will continue our work to enforce the robust protections our laws provide against discrimination based on gender identity or expression.”
The Division on Civil Rights (DCR) issued a Finding of Probable Cause against Brando’s in 2023. A non-binary patron was refused service because the restaurant staff believed the customer did not conform to the restaurant’s gender-binary dress code. Men, but not women, were barred from wearing sleeveless shirts in the dress code. The customer revealed to the restaurant staff that they were non-binary, but restaurant staff insisted that the customer adhere to the restaurant’s rules for men’s clothing.
New Jersey’s civil rights laws make it unlawful to discriminate based on gender identity. Those protections mean that places open to the public, including restaurants, can’t maintain gender-binary dress codes that exclude LGBTQ+ people. As today’s settlement signals, we will continue our work to enforce the robust protections our laws provide against discrimination based on gender identity or expression.
DCR Director Sundeep Iyer
Brando’s agreed to adopt a gender-neutral dress code for customers and employees at its Asbury Park location, as well as at the four other restaurants it owns in Monmouth Beach, Marlboro, and Old Bridge. That dress code will apply equally no matter their gender identity. As part of the resolution, Brando’s also agreed that it would not refuse to serve any person because of their gender identity.
As part of the consent order resolving the complaint, Brando’s has agreed to:
- adopt a gender-neutral dress code for customers and employees for all of its New Jersey locations;
- arrange for training on the LAD, on preventing LGBTQ+ discrimination in places of public accommodation, and on Brando’s newly adopted gender-neutral dress code for all owners, managers, patrons, and employees;
- refrain from discriminating against anyone on the basis of gender identity or expression, or other protected characteristics, in violation of the LAD;
- refrain from taking any action or establishing any practice or policy that has a disparate impact on members of a protected class in violation of the LAD;
- refrain from engaging in “retaliatory conduct…or authoriz[ing] any of its employees or agents to engage in any such conduct”;
- pay $5,000 to the complainant; and
- pay a civil penalty of $5,000 to the Division on Civil Rights.
More details to follow.