New Jersey agrees to house inmates based on gender identity after discrimination lawsuit

The New Jersey Department of Corrections will house inmates based on gender identity, as opposed to the sex they were assigned at birth, according to a settlement reached on Tuesday. The settlement comes after a transgender woman filed a lawsuit in 2019 alleging that she was forced to live in men's prisons and was subject to verbal and sexual harassment as a result. 

Under the new policy, inmates will be placed "with a presumption that the inmate will be housed in line with their gender identity." While the department is allowed to override the presumption for reasons including management, security or safety issues, the policy states that "under no circumstances will a transgender, intersex, or nonbinary inmate's placement in line with their gender identity be considered a management or security problem solely due to their gender identity."  Inmates will be housed in private cells while their housing arrangements are being determined and will have the ability to appeal and provide input on their housing decisions. All inmates will also have the ability to provide information about their gender identity to staff at any time while incarcerated.