State Law > New Jersey > New Jersey Employment Discrimination Law

New Jersey Employment Discrimination Law

 

New Jersey prohibits workplace discrimination as described in the following sections of the New Jersey Code.


  • 10:5-2.1. Construction of act.
  • 10:5-4. Civil right to obtain employment, accommodations and privileges without discrimination.
  • 10:5-4.1. Application of act to handicapped persons.
  • 10:5-4 Obtaining employment, accommodations and privileges without discrimination; civil right.
  • 10:5-4.1. Application of act to handicapped persons.
  • 10:5-5 Definitions relative to discrimination.
  • 10:5-12 Unlawful employment practices, discrimination.
  • 10:5-12.1. Forced retirement.
  • 10:5-29. Person with a disability; accompaniment by service or guide dog; use of public facilities; liabilities.
  • 10:5-29.1 Person with a disability; unlawful employment practice.
Discrimination In Pay
  • 34:11-56.2. Discrimination in pay based on sex prohibited
  • 34:11-56.6. Violations of act.
Sexual Orientation Discrimination - State employment
  • 11A:7-1. Sexual orientation discrimination.
Tobacco Use Discrimination
  • 34:6B-1. Use or nonuse of tobacco products.
Prohibition of Employment Discrimination Based on Employment Status
  • 34:8B-1.  Provisions prohibited from advertisements for job vacancies.

Law Against Discrimination

10:5-2.1. Construction of act.

Nothing contained in this act or in P.l.1945, c. 169 (C. 10:5-1 et seq.) shall be construed to require or authorizeany act prohibited by law, nor to prevent the award of a contract to a small business enterprise, minority businessenterprise or women's business enterprise under P.L.1985, c. 490 (C. 18A:18A-51 et seq.) nor to conflict with theprovisions of chapter 2 (child labor) of Title 34 of the Revised Statutes, nor to require the employment of anyperson under the age of 18, nor to prohibit the establishment and maintenance of bona fide occupational qualificationsor the establishment and maintenance of apprenticeship requirements based upon a reasonable minimum age, nor toprevent the termination or change of the employment of any person who in the opinion of the employer, reasonablyarrived at, is unable to perform adequately the duties of employment, nor to preclude discrimination among individualson the basis of competence, performance, conduct or any other reasonable standards, nor to interfere with the operationof the terms or conditions and administration of any bona fide retirement, pension, employee benefit or insuranceplan or program, including any State or locally administered public retirement system, provided that the provisionsof those plans or programs are not used to establish an age for mandatory retirement.

10:5-4. Civil right to obtain employment, accommodations and privileges without discrimination.

All persons shall have the opportunity to obtain employment, and to obtain all the accommodations, advantages,facilities, and privileges of any place of public accommodation, publicly assisted housing accommodation, and otherreal property without discrimination because of race, creed, color, national origin, ancestry, age, marital status,affectional or sexual orientation, familial status, disability, nationality, sex, or source of lawful income usedfor rental or mortgage payments subject only to conditions and limitations applicable alike to all persons. Thisopportunity is recognized as and declared to be a civil right.

10:5-4.1. Application of act to handicapped persons.

All of the provisions of the act to which this act is a supplement shall be construed to prohibit any unlawfuldiscrimination against any person because such person is or has been at any time disabled or any unlawful employmentpractice against such person, unless the nature and extent of the disability reasonably precludes the performanceof the particular employment.

It shall be unlawful discrimination under the "Law Against Discrimination," P.L. 1945, c. 169 (C. 10:5-1et seq.) to discriminate against any buyer or renter because of the disability of a person residing in or intendingto reside in a dwelling after it is sold, rented or made available or because of any person associated with thebuyer or renter.)

10:5-5 Definitions relative to discrimination.
As used in this act, unless a different meaning clearly appears from the context:

 

      a.     "Person" includes one or more individuals, partnerships, associations, organizations, labor organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and fiduciaries.

     b.    "Employment agency" includes any person undertaking to procure employees or opportunities for others to work.

     c.     "Labor organization" includes any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.

     d.    "Unlawful employment practice" and "unlawful discrimination" include only those unlawful practices and acts specified in section 11 of P.L.1945, c.169 (C.10:5-12).

     e.     "Employer" includes all persons as defined in subsection a. of this section unless otherwise specifically exempt under another section of P.L.1945, c.169 (C.10:5-1 et seq.), and includes the State, any political or civil subdivision thereof, and all public officers, agencies, boards or bodies.

     f.     "Employee" does not include any individual employed in the domestic service of any person.

     g.     "Liability for service in the Armed Forces of the United States" means subject to being ordered as an individual or member of an organized unit into active service in the Armed Forces of the United States by reason of membership in the National Guard, naval militia or a reserve component of the Armed Forces of the United States, or subject to being inducted into such armed forces through a system of national selective service.

     h.     "Division" means the "Division on Civil Rights" created by P.L.1945, c.169 (C.10:5-1 et seq.).

     i.      "Attorney General" means the Attorney General of the State of New Jersey or his representative or designee.

     j.     "Commission" means the Commission on Civil Rights created by P.L.1945, c.169 (C.10:5-1 et seq.).

     k.    "Director" means the Director of the Division on Civil Rights.

     l.      "A place of public accommodation" shall include, but not be limited to:  any tavern, roadhouse, hotel, motel, trailer camp, summer camp, day camp, or resort camp, whether for entertainment of transient guests or accommodation of those seeking health, recreation or rest; any producer, manufacturer, wholesaler, distributor, retail shop, store, establishment, or concession dealing with goods or services of any kind; any restaurant, eating house, or place where food is sold for consumption on the premises; any place maintained for the sale of ice cream, ice and fruit preparations or their derivatives, soda water or confections, or where any beverages of any kind are retailed for consumption on the premises; any garage, any public conveyance operated on land or water, or in the air, any stations and terminals thereof; any bathhouse, boardwalk, or seashore accommodation; any auditorium, meeting place, or hall; any theatre, motion-picture house, music hall, roof garden, skating rink, swimming pool, amusement and recreation park, fair, bowling alley, gymnasium, shooting gallery, billiard and pool parlor, or other place of amusement; any comfort station; any dispensary, clinic or hospital; any public library; any kindergarten, primary and secondary school, trade or business school, high school, academy, college and university, or any educational institution under the supervision of the State Board of Education, or the Commissioner of Education of the State of New Jersey.  Nothing herein contained shall be construed to include or to apply to any institution, bona fide club, or place of accommodation, which is in its nature distinctly private; nor shall anything herein contained apply to any educational facility operated or maintained by a bona fide religious or sectarian institution, and the right of a natural parent or one in loco parentis to direct the education and upbringing of a child under his control is hereby affirmed; nor shall anything herein contained be construed to bar any private secondary or post secondary school from using in good faith criteria other than race, creed, color, national origin, ancestry, gender identity or expression or affectional or sexual orientation in the admission of students.

     m.    "A publicly assisted housing accommodation" shall include all housing built with public funds or public assistance pursuant to P.L.1949, c.300, P.L.1941, c.213, P.L.1944, c.169, P.L.1949, c.303, P.L.1938, c.19, P.L.1938, c.20, P.L.1946, c.52, and P.L.1949, c.184, and all housing financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof.

     n.     The term "real property" includes real estate, lands, tenements and hereditaments, corporeal and incorporeal, and leaseholds, provided, however, that, except as to publicly assisted housing accommodations, the provisions of this act shall not apply to the rental:  (1) of a single apartment or flat in a two-family dwelling, the other occupancy unit of which is occupied by the owner as a residence; or (2) of a room or rooms to another person or persons by the owner or occupant of a one-family dwelling occupied by the owner or occupant as a residence at the time of such rental.  Nothing herein contained shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, in the sale, lease or rental of real property, from limiting admission to or giving preference to persons of the same religion or denomination or from making such selection as is calculated by such organization to promote the religious principles for which it is established or maintained.  Nor does any provision under this act regarding discrimination on the basis of familial status apply with respect to housing for older persons.

     o.    "Real estate broker" includes a person, firm or corporation who, for a fee, commission or other valuable consideration, or by reason of promise or reasonable expectation thereof, lists for sale, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale, exchange, purchase, or rental of real estate or an interest therein, or collects or offers or attempts to collect rent for the use of real estate, or solicits for prospective purchasers or assists or directs in the procuring of prospects or the negotiation or closing of any transaction which does or is contemplated to result in the sale, exchange, leasing, renting or auctioning of any real estate, or negotiates, or offers or attempts or agrees to negotiate a loan secured or to be secured by mortgage or other encumbrance upon or transfer of any real estate for others; or any person who, for pecuniary gain or expectation of pecuniary gain conducts a public or private competitive sale of lands or any interest in lands.  In the sale of lots, the term "real estate broker" shall also include any person, partnership, association or corporation employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a stated salary, or upon a commission, or upon a salary and commission or otherwise, to sell such real estate, or any parts thereof, in lots or other parcels, and who shall sell or exchange, or offer or attempt or agree to negotiate the sale or exchange, of any such lot or parcel of real estate.

     p.    "Real estate salesperson" includes any person who, for compensation, valuable consideration or commission, or other thing of value, or by reason of a promise or reasonable expectation thereof, is employed by and operates under the supervision of a licensed real estate broker to sell or offer to sell, buy or offer to buy or negotiate the purchase, sale or exchange of real estate, or offers or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon or transfer of real estate, or to lease or rent, or offer to lease or rent any real estate for others, or to collect rents for the use of real estate, or to solicit for prospective purchasers or lessees of real estate, or who is employed by a licensed real estate broker to sell or offer to sell lots or other parcels of real estate, at a stated salary, or upon a commission, or upon a salary and commission, or otherwise to sell real estate, or any parts thereof, in lots or other parcels.

     q.    "Disability" means physical disability, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment or physical reliance on a service or guide dog, wheelchair, or other remedial appliance or device, or any mental, psychological or developmental disability, including autism spectrum disorders, resulting from anatomical, psychological, physiological or neurological conditions which prevents the normal exercise of any bodily or mental functions or is demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques.  Disability shall also mean AIDS or HIV infection.

     r.     "Blind person" means any individual whose central visual acuity does not exceed 20/200 in the better eye with correcting lens or whose visual acuity is better than 20/200 if accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees.

     s.     "Guide dog" means a dog used to assist deaf persons or which is fitted with a special harness so as to be suitable as an aid to the mobility of a blind person, and is used by a blind person who has satisfactorily completed a specific course of training in the use of such a dog, and has been trained by an organization generally recognized by agencies involved in the rehabilitation of the blind or deaf as reputable and competent to provide dogs with training of this type.

     t.     "Guide or service dog trainer" means any person who is employed by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities as reputable and competent to provide dogs with training, and who is actually involved in the training process.

     u.     "Housing accommodation" means any publicly assisted housing accommodation or any real property, or portion thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home, residence or sleeping place of one or more persons, but shall not include any single family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.

     v.     "Public facility" means any place of public accommodation and any street, highway, sidewalk, walkway, public building, and any other place or structure to which the general public is regularly, normally or customarily permitted or invited.

     w.    "Deaf person" means any person whose hearing is so severely impaired that the person is unable to hear and understand normal conversational speech through the unaided ear alone, and who must depend primarily on a supportive device or visual communication such as writing, lip reading, sign language, and gestures.

     x.     "Atypical hereditary cellular or blood trait" means sickle cell trait, hemoglobin C trait, thalassemia trait, Tay-Sachs trait, or cystic fibrosis trait.

     y.     "Sickle cell trait" means the condition wherein the major natural hemoglobin components present in the blood of the individual are hemoglobin A (normal) and hemoglobin S (sickle hemoglobin) as defined by standard chemical and physical analytic techniques, including electrophoresis; and the proportion of hemoglobin A is greater than the proportion of hemoglobin S or one natural parent of the individual is shown to have only normal hemoglobin components (hemoglobin A, hemoglobin A2, hemoglobin F) in the normal proportions by standard chemical and physical analytic tests.

     z.     "Hemoglobin C trait" means the condition wherein the major natural hemoglobin components present in the blood of the individual are hemoglobin A (normal) and hemoglobin C as defined by standard chemical and physical analytic techniques, including electrophoresis; and the proportion of hemoglobin A is greater than the proportion of hemoglobin C or one natural parent of the individual is shown to have only normal hemoglobin components (hemoglobin A, hemoglobin A2, hemoglobin F) in normal proportions by standard chemical and physical analytic tests.

     aa.   "Thalassemia trait" means the presence of the thalassemia gene which in combination with another similar gene results in the chronic hereditary disease Cooley's anemia.

     bb.  "Tay-Sachs trait" means the presence of the Tay-Sachs gene which in combination with another similar gene results in the chronic hereditary disease Tay-Sachs.

     cc.   "Cystic fibrosis trait" means the presence of the cystic fibrosis gene which in combination with another similar gene results in the chronic hereditary disease cystic fibrosis.

     dd.  "Service dog" means any dog individually trained to the requirements of a person with a disability including, but not limited to minimal protection work, rescue work, pulling a wheelchair or retrieving dropped items.  This term shall include a "seizure dog" trained to alert or otherwise assist persons subject to epilepsy or other seizure disorders.

     ee.   "Qualified Medicaid applicant" means an individual who is a qualified applicant pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

     ff.    "AIDS" means acquired immune deficiency syndrome as defined by the Centers for Disease Control and Prevention of the United States Public Health Service.

     gg.   "HIV infection" means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.

     hh.   "Affectional or sexual orientation" means male or female heterosexuality, homosexuality or bisexuality by inclination, practice, identity or expression, having a history thereof or being perceived, presumed or identified by others as having such an orientation.

     ii.     "Heterosexuality" means affectional, emotional or physical attraction or behavior which is primarily directed towards persons of the other gender.

     jj.    "Homosexuality" means affectional, emotional or physical attraction or behavior which is primarily directed towards persons of the same gender.

     kk.  "Bisexuality" means affectional, emotional or physical attraction or behavior which is directed towards persons of either gender.

     ll.     "Familial status" means being the natural parent of a child, the adoptive parent of a child, the resource family parent of a child, having a "parent and child relationship" with a child as defined by State law, or having sole or joint legal or physical custody, care, guardianship, or visitation with a child, or any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

     mm.  "Housing for older persons" means housing:

     (1)   provided under any State program that the Attorney General determines is specifically designed and operated to assist elderly persons (as defined in the State program); or provided under any federal program that the United States Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons (as defined in the federal program); or

     (2)   intended for, and solely occupied by persons 62 years of age or older; or

     (3)   intended and operated for occupancy by at least one person 55 years of age or older per unit.  In determining whether housing qualifies as housing for older persons under this subsection, the Attorney General shall adopt regulations which require at least the following factors:

     (a)   the existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and

     (b)   that at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and

     (c)   the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.

     Housing shall not fail to meet the requirements for housing for older persons by reason of:  persons residing in such housing as of September 13, 1988 not meeting the age requirements of this subsection, provided that new occupants of such housing meet the age requirements of this subsection; or unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of this subsection.

     nn.   "Genetic characteristic" means any inherited gene or chromosome, or alteration thereof, that is scientifically or medically believed to predispose an individual to a disease, disorder or syndrome, or to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome.

     oo.  "Genetic information" means the information about genes, gene products or inherited characteristics that may derive from an individual or family member.

     pp.  "Genetic test" means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or proteins in order to identify a predisposing genetic characteristic.

     qq.  "Domestic partnership" means a domestic partnership established pursuant to section 4 of P.L.2003, c.246 (C.26:8A-4).

      rr.    "Gender identity or expression" means having or being perceived as having a gender related identity or expression whether or not stereotypically associated with a person's assigned sex at birth.

     ss.   "Civil Union" means a legally recognized union of two eligible individuals established pursuant to R.S.37:1-1 et seq. and P.L.2006, c.103 (C.37:1-28 et al.).

     tt.    "Premium wages" means additional remuneration for night, weekend or holiday work, or for standby or irregular duty.

     uu.   "Premium benefit" means an employment benefit, such as seniority, group life insurance, health insurance, disability insurance, sick leave, annual leave, or an educational or pension benefit that is greater than the employment benefit due the employee for an equivalent period of work performed during the regular work schedule of the employee.

(cf: P.L.2007, c.325, s.1)

10:5-12 Unlawful employment practices, discrimination.

11. It shall be an unlawful employment practice, or, as the case may be, an unlawful discrimination:
     a.    For an employer, because of the race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or because of the liability for service in the Armed Forces of the United States or the nationality of any individual, or because of the refusal to submit to a genetic test or make available the results of a genetic test to an employer, to refuse to hire or employ or to bar or to discharge or require to retire, unless justified by lawful considerations other than age, from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment; provided, however, it shall not be an unlawful employment practice to refuse to accept for employment an applicant who has received a notice of induction or orders to report for active duty in the armed forces; provided further that nothing herein contained shall be construed to bar an employer from refusing to accept for employment any person on the basis of sex in those certain circumstances where sex is a bona fide occupational qualification, reasonably necessary to the normal operation of the particular business or enterprise; provided further that nothing herein contained shall be construed to bar an employer from refusing to accept for employment or to promote any person over 70 years of age; provided further that it shall not be an unlawful employment practice for a club exclusively social or fraternal to use club membership as a uniform qualification for employment, or for a religious association or organization to utilize religious affiliation as a uniform qualification in the employment of clergy, religious teachers or other employees engaged in the religious activities of the association or organization, or in following the tenets of its religion in establishing and utilizing criteria for employment of an employee; provided further, that it shall not be an unlawful employment practice to require the retirement of any employee who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policy-making position, if that employee is entitled to an immediate non-forfeitable annual retirement benefit from a pension, profit sharing, savings or deferred retirement plan, or any combination of those plans, of the employer of that employee which equals in the aggregate at least $27,000.00; and provided further that an employer may restrict employment to citizens of the United States where such restriction is required by federal law or is otherwise necessary to protect the national interest.
     The provisions of subsections a. and b. of section 57 of P.L.2003, c.246 (C.34:11A-20), and the provisions of section 58 of P.L.2003, c.246 (C.26:8A-11), shall not be deemed to be an unlawful discrimination under P.L.1945, c.169 (C.10:5-1 et seq.).
     For the purposes of this subsection, a "bona fide executive" is a top level employee who exercises substantial executive authority over a significant number of employees and a large volume of business.  A "high policy-making position" is a position in which a person plays a significant role in developing policy and in recommending the implementation thereof.
     b.    For a labor organization, because of the race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, gender identity or expression, disability, pregnancy or breastfeeding, or sex of any individual, or because of the liability for service in the Armed Forces of the United States or nationality of any individual, to exclude or to expel from its membership such individual or to discriminate in any way against any of its members, against any applicant for, or individual included in, any apprentice or other training program or against any employer or any individual employed by an employer; provided, however, that nothing herein contained shall be construed to bar a labor organization from excluding from its apprentice or other training programs any person on the basis of sex in those certain circumstances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of the particular apprentice or other training program.
     c.    For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment, or to make an inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, gender identity or expression, disability, nationality, pregnancy or breastfeeding, or sex or liability of any applicant for employment for service in the Armed Forces of the United States, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification.
     d.    For any person to take reprisals against any person because that person has opposed any practices or acts forbidden under this act or because that person has filed a complaint, testified or assisted in any proceeding under this act or to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this act.
     e.    For any person, whether an employer or an employee or not, to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this act, or to attempt to do so.
     f.     (1) For any owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation directly or indirectly to refuse, withhold from or deny to any person any of the accommodations, advantages, facilities or privileges thereof, or to discriminate against any person in the furnishing thereof, or directly or indirectly to publish, circulate, issue, display, post or mail any written or printed communication, notice, or advertisement to the effect that any of the accommodations, advantages, facilities, or privileges of any such place will be refused, withheld from, or denied to any person on account of the race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability or nationality of such person, or that the patronage or custom thereat of any person of any particular race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy or breast feeding status, sex, gender identity or expression, affectional or sexual orientation, disability or nationality is unwelcome, objectionable or not acceptable, desired or solicited, and the production of any such written or printed communication, notice or advertisement, purporting to relate to any such place and to be made by any owner, lessee, proprietor, superintendent or manager thereof, shall be presumptive evidence in any action that the same was authorized by such person; provided, however, that nothing contained herein shall be construed to bar any place of public accommodation which is in its nature reasonably restricted exclusively to individuals of one sex, and which shall include but not be limited to any summer camp, day camp, or resort camp, bathhouse, dressing room, swimming pool, gymnasium, comfort station, dispensary, clinic or hospital, or school or educational institution which is restricted exclusively to individuals of one sex, provided individuals shall be admitted based on their gender identity or expression, from refusing, withholding from or denying to any individual of the opposite sex any of the accommodations, advantages, facilities or privileges thereof on the basis of sex; provided further, that the foregoing limitation shall not apply to any restaurant as defined in R.S.33:1-1 or place where alcoholic beverages are served.
     (2)   Notwithstanding the definition of "a place of public accommodation" as set forth in subsection l. of section 5 of P.L.1945, c.169 (C.10:5-5), for any owner, lessee, proprietor, manager, superintendent, agent, or employee of any private club or association to directly or indirectly refuse, withhold from or deny to any individual who has been accepted as a club member and has contracted for or is otherwise entitled to full club membership any of the accommodations, advantages, facilities or privileges thereof, or to discriminate against any member in the furnishing thereof on account of the race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity, or expression, affectional or sexual orientation, disability or nationality of such person.
     In addition to the penalties otherwise provided for a violation of P.L.1945, c.169 (C.10:5-1 et seq.), if the violator of paragraph (2) of subsection f. of this section is the holder of an alcoholic beverage license issued under the provisions of R.S.33:1-12 for that private club or association, the matter shall be referred to the Director of the Division of Alcoholic Beverage Control who shall impose an appropriate penalty in accordance with the procedures set forth in R.S.33:1-31.
     g.    For any person, including but not limited to, any owner, lessee, sublessee, assignee or managing agent of, or other person having the right of ownership or possession of or the right to sell, rent, lease, assign, or sublease any real property or part or portion thereof, or any agent or employee of any of these:
     (1)   To refuse to sell, rent, lease, assign, or sublease or otherwise to deny to or withhold from any person or group of persons any real property or part or portion thereof because of race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, familial status, disability, nationality, or source of lawful income used for rental or mortgage payments;
     (2)   To discriminate against any person or group of persons because of race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, familial status, disability, nationality or source of lawful income used for rental or mortgage payments in the terms, conditions or privileges of the sale, rental or lease of any real property or part or portion thereof or in the furnishing of facilities or services in connection therewith;
     (3)   To print, publish, circulate, issue, display, post or mail, or cause to be printed, published, circulated, issued, displayed, posted or mailed any statement, advertisement, publication or sign, or to use any form of application for the purchase, rental, lease, assignment or sublease of any real property or part or portion thereof, or to make any record or inquiry in connection with the prospective purchase, rental, lease, assignment, or sublease of any real property, or part or portion thereof which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity, or expression, affectional or sexual orientation, familial status, disability, nationality, or source of lawful income used for rental or mortgage payments, or any intent to make any such limitation, specification or discrimination, and the production of any such statement, advertisement, publicity, sign, form of application, record, or inquiry purporting to be made by any such person shall be presumptive evidence in any action that the same was authorized by such person; provided, however, that nothing contained in this subsection shall be construed to bar any person from refusing to sell, rent, lease, assign or sublease or from advertising or recording a qualification as to sex for any room, apartment, flat in a dwelling or residential facility which is planned exclusively for and occupied by individuals of one sex to any individual of the exclusively opposite sex on the basis of sex provided individuals shall be qualified based on their gender identity or expression;
     (4)   To refuse to sell, rent, lease, assign, or sublease or otherwise to deny to or withhold from any person or group of persons any real property or part or portion thereof because of the source of any lawful income received by the person or the source of any lawful rent payment to be paid for the real property; or
     (5)   To refuse to rent or lease any real property to another person because that person's family includes children under 18 years of age, or to make an agreement, rental or lease of any real property which provides that the agreement, rental or lease shall be rendered null and void upon the birth of a child.  This paragraph shall not apply to housing for older persons as defined in subsection mm. of section 5 of P.L.1945, c.169 (C.10:5-5).
     h.    For any person, including but not limited to, any real estate broker, real estate salesperson, or employee or agent thereof:
     (1)   To refuse to sell, rent, assign, lease or sublease, or offer for sale, rental, lease, assignment, or sublease any real property or part or portion thereof to any person or group of persons or to refuse to negotiate for the sale, rental, lease, assignment, or sublease of any real property or part or portion thereof to any person or group of persons because of race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, familial status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability, nationality, or source of lawful income used for rental or mortgage payments, or to represent that any real property or portion thereof is not available for inspection, sale, rental, lease, assignment, or sublease when in fact it is so available, or otherwise to deny or withhold any real property or any part or portion of facilities thereof to or from any person or group of persons because of race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, familial status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability or nationality;
     (2)   To discriminate against any person because of race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, familial status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability, nationality, or source of lawful income used for rental or mortgage payments in the terms, conditions or privileges of the sale, rental, lease, assignment or sublease of any real property or part or portion thereof or in the furnishing of facilities or services in connection therewith;
     (3)   To print, publish, circulate, issue, display, post, or mail, or cause to be printed, published, circulated, issued, displayed, posted or mailed any statement, advertisement, publication or sign, or to use any form of application for the purchase, rental, lease, assignment, or sublease of any real property or part or portion thereof or to make any record or inquiry in connection with the prospective purchase, rental, lease, assignment, or sublease of any real property or part or portion thereof which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, familial status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability, nationality, or source of lawful income used for rental or mortgage payments or any intent to make any such limitation, specification or discrimination, and the production of any such statement, advertisement, publicity, sign, form of application, record, or inquiry purporting to be made by any such person shall be presumptive evidence in any action that the same was authorized by such person; provided, however, that nothing contained in this subsection h., shall be construed to bar any person from refusing to sell, rent, lease, assign or sublease or from advertising or recording a qualification as to sex for any room, apartment, flat in a dwelling or residential facility which is planned exclusively for and occupied exclusively by individuals of one sex to any individual of the opposite sex on the basis of sex, provided individuals shall be qualified based on their gender identity or expression;
     (4)   To refuse to sell, rent, lease, assign, or sublease or otherwise to deny to or withhold from any person or group of persons any real property or part or portion thereof because of the source of any lawful income received by the person or the source of any lawful rent payment to be paid for the real property; or
     (5)   To refuse to rent or lease any real property to another person because that person's family includes children under 18 years of age, or to make an agreement, rental or lease of any real property which provides that the agreement, rental or lease shall be rendered null and void upon the birth of a child.  This paragraph shall not apply to housing for older persons as defined in subsection mm. of section 5 of P.L.1945, c.169 (C.10:5-5).
     i.     For any person, bank, banking organization, mortgage company, insurance company or other financial institution, lender or credit institution involved in the making or purchasing of any loan or extension of credit, for whatever purpose, whether secured by residential real estate or not, including but not limited to financial assistance for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any real property or part or portion thereof or any agent or employee thereof:
     (1)   To discriminate against any person or group of persons because of race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability, familial status or nationality, in the granting, withholding, extending, modifying, renewing, or purchasing, or in the fixing of the rates, terms, conditions or provisions of any such loan, extension of credit or financial assistance or purchase thereof or in the extension of services in connection therewith;
     (2)   To use any form of application for such loan, extension of credit or financial assistance or to make record or inquiry in connection with applications for any such loan, extension of credit or financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability, familial status or nationality or any intent to make any such limitation, specification or discrimination; unless otherwise required by law or regulation to retain or use such information;
     (3)   (Deleted by amendment, P.L.2003, c.180).
     (4)   To discriminate against any person or group of persons because of the source of any lawful income received by the person or the source of any lawful rent payment to be paid for the real property; or
     (5)   To discriminate against any person or group of persons because that person's family includes children under 18 years of age, or to make an agreement or mortgage which provides that the agreement or mortgage shall be rendered null and void upon the birth of a child.  This paragraph shall not apply to housing for older persons as defined in subsection mm. of section 5 of P.L.1945, c.169 (C.10:5-5).
     j.     For any person whose activities are included within the scope of this act to refuse to post or display such notices concerning the rights or responsibilities of persons affected by this act as the Attorney General may by regulation require.
     k.    For any real estate broker, real estate salesperson or employee or agent thereof or any other individual, corporation, partnership, or organization, for the purpose of inducing a transaction for the sale or rental of real property from which transaction such person or any of its members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, familial status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability, nationality, or source of lawful income used for rental or mortgage payments of the owners or occupants in the block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including, but not limited to the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools or other facilities.
     l.     For any person to refuse to buy from, sell to, lease from or to, license, contract with, or trade with, provide goods, services or information to, or otherwise do business with any other person on the basis of the race, creed, color, national origin, ancestry, age, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, marital status, civil union status, domestic partnership status, liability for service in the Armed Forces of the United States, disability, nationality, or source of lawful income used for rental or mortgage payments of such other person or of such other person's spouse, partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers, or customers.  This subsection shall not prohibit refusals or other actions (1) pertaining to employee-employer collective bargaining, labor disputes, or unfair labor practices, or (2) made or taken in connection with a protest of unlawful discrimination or unlawful employment practices.
     m.   For any person to:
     (1)   Grant or accept any letter of credit or other document which evidences the transfer of funds or credit, or enter into any contract for the exchange of goods or services, where the letter of credit, contract, or other document contains any provisions requiring any person to discriminate against or to certify that he, she or it has not dealt with any other person on the basis of the race, creed, color, national origin, ancestry, age, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, marital status, civil union status, domestic partnership status, disability, liability for service in the Armed Forces of the United States, or nationality of such other person or of such other person's spouse, partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers, or customers.
     (2)   Refuse to grant or accept any letter of credit or other document which evidences the transfer of funds or credit, or refuse to enter into any contract for the exchange of goods or services, on the ground that it does not contain such a discriminatory provision or certification.
     The provisions of this subsection shall not apply to any letter of credit, contract, or other document which contains any provision pertaining to employee-employer collective bargaining, a labor dispute or an unfair labor practice, or made in connection with the protest of unlawful discrimination or an unlawful employment practice, if the other provisions of such letter of credit, contract, or other document do not otherwise violate the provisions of this subsection.
     n.    For any person to aid, abet, incite, compel, coerce, or induce the doing of any act forbidden by subsections l. and m. of section 11 of P.L.1945, c.169 (C.10:5-12), or to attempt, or to conspire to do so. Such prohibited conduct shall include, but not be limited to:
     (1)   Buying from, selling to, leasing from or to, licensing, contracting with, trading with, providing goods, services, or information to, or otherwise doing business with any person because that person does, or agrees or attempts to do, any such act or any act prohibited by this subsection; or
     (2)   Boycotting, commercially blacklisting or refusing to buy from, sell to, lease from or to, license, contract with, provide goods, services or information to, or otherwise do business with any person because that person has not done or refuses to do any such act or any act prohibited by this subsection; provided that this subsection shall not prohibit refusals or other actions either pertaining to employee-employer collective bargaining, labor disputes, or unfair labor practices, or made or taken in connection with a protest of unlawful discrimination or unlawful employment practices.
     o.    For any multiple listing service, real estate brokers' organization or other service, organization or facility related to the business of selling or renting dwellings to deny any person access to or membership or participation in such organization, or to discriminate against such person in the terms or conditions of such access, membership, or participation, on account of race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, familial status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability or nationality.
     p.    Nothing in the provisions of this section shall affect the ability of an employer to require employees to adhere to reasonable workplace appearance, grooming and dress standards not precluded by other provisions of State or federal law, except that an employer shall allow an employee to appear, groom and dress consistent with the employee's gender identity or expression.
     q.    (1) For any employer to impose upon a person as a condition of obtaining or retaining employment, including opportunities for promotion, advancement or transfers, any terms or conditions that would require a person to violate or forego a sincerely held religious practice or religious observance, including but not limited to the observance of any particular day or days or any portion thereof as a Sabbath or other holy day in accordance with the requirements of the religion or religious belief, unless, after engaging in a bona fide effort, the employer demonstrates that it is unable to reasonably accommodate the employee's religious observance or practice without undue hardship on the conduct of the employer's business.  Notwithstanding any other provision of law to the contrary, an employee shall not be entitled to premium wages or premium benefits for work performed during hours to which those premium wages or premium benefits would ordinarily be applicable, if the employee is working during those hours only as an accommodation to his religious requirements. Nothing in this subsection q. shall be construed as reducing:
     (a)   The number of the hours worked by the employee which are counted towards the accruing of seniority, pension or other benefits; or
     (b)   Any premium wages or benefits provided to an employee pursuant to a collective bargaining agreement.
     (2)   For an employer to refuse to permit an employee to utilize leave, as provided for in this subsection q., which is solely used to accommodate the employee's sincerely held religious observance or practice.  Except where it would cause an employer to incur an undue hardship, no person shall be required to remain at his place of employment during any day or days or portion thereof that, as a requirement of his religion, he observes as his Sabbath or other holy day, including a reasonable time prior and subsequent thereto for travel between his place of employment and his home; provided that any such absence from work shall, wherever practicable in the reasonable judgment of the employer, be made up by an equivalent amount of time and work at some other mutually convenient time, or shall be charged against any leave with pay ordinarily granted, other than sick leave, and any such absence not so made up or charged, may be treated by the employer of that person as leave taken without pay.
     (3) (a) For purposes of this subsection q., "undue hardship" means an accommodation requiring unreasonable expense or difficulty, unreasonable interference with the safe or efficient operation of the workplace or a violation of a bona fide seniority system or a violation of any provision of a bona fide collective bargaining agreement.
     (b)   In determining whether the accommodation constitutes an undue hardship, the factors considered shall include:
     (i)   The identifiable cost of the accommodation, including the costs of loss of productivity and of retaining or hiring employees or transferring employees from one facility to another, in relation to the size and operating cost of the employer.
     (ii)  The number of individuals who will need the particular accommodation for a sincerely held religious observance or practice.
     (iii) For an employer with multiple facilities, the degree to which the geographic separateness or administrative or fiscal relationship of the facilities will make the accommodation more difficult or expensive.
     (c)   An accommodation shall be considered to constitute an undue hardship if it will result in the inability of an employee to perform the essential functions of the position in which he or she is employed.
     (d)   (i) The provisions of this subsection q. shall be applicable only to reasonable accommodations of religious observances and shall not supersede any definition of undue hardship or standards for reasonable accommodation of the disabilities of employees.
     (ii)  This subsection q. shall not apply where the uniform application of terms and conditions of attendance to employees is essential to prevent undue hardship to the employer.  The burden of proof regarding the applicability of this subparagraph (d) shall be upon the employer.
     r.     For any employer to take reprisals against any employee for requesting from any other employee or former employee of the employer information regarding the job title, occupational category, and rate of compensation, including benefits, of any employee or former employee of the employer, or the gender, race, ethnicity, military status, or national origin of any employee or former employee of the employer, regardless of whether the request was responded to, if the purpose of the request for the information was to assist in investigating the possibility of the occurrence of, or in taking of legal action regarding, potential discriminatory treatment concerning pay, compensation, bonuses, other compensation, or benefits.  Nothing in this subsection shall be construed to require an employee to disclose such information about the employee herself to any other employee or former employee of the employer or to any authorized representative of the other employee or former employee.
     s. For an employer to treat, for employment-related purposes, a woman employee that the employer knows, or should know, is affected by pregnancy or breastfeeding in a manner less favorable than the treatment of other persons not affected by pregnancy or breastfeeding but similar in their ability or inability to work.  In addition, an employer of an employee who is a woman affected by pregnancy shall make available to the employee reasonable accommodation 1in the workplace, such as bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work, for needs related to the pregnancy when the employee, based on the advice of her physician, requests the accommodation, and, in the case of an employee breast feeding her infant child, the accommodation shall include reasonable break time each day to the employee and a suitable room or other location with privacy, other than a toilet stall, in close proximity to the work area for the employee to express breast milk for the child, unless the employer can demonstrate that providing the accommodation would be an undue hardship on the business operations of the employer.  The employer shall not in any way penalize the employee in terms, conditions or privileges of employment for requesting or using the accommodation. Workplace accommodation provided pursuant to this subsection and paid or unpaid leave provided to an employee affected by pregnancy or breastfeeding shall not be provided in a manner less favorable than accommodations or leave provided to other employees not affected by pregnancy or breastfeeding but similar in their ability or inability to work.  This subsection shall not be construed as otherwise increasing or decreasing any employee's rights under law to paid or unpaid leave in connection with pregnancy or breastfeeding.
     For the purposes of this section "pregnancy or breastfeeding" means pregnancy, childbirth, and breastfeeding or expressing milk for breastfeeding, or medical conditions related to pregnancy, childbirth, or breastfeeding, including recovery from childbirth.
     For the purposes of this subsection, in determining whether an accommodation would impose undue hardship on the operation of an employer's business, the factors to be considered include: the overall size of the employer's business with respect to the number of employees, number and type of facilities, and size of budget; the type of the employer's operations, including the composition and structure of the employer's workforce; the nature and cost of the accommodation needed, taking into consideration the availability of tax credits, tax deductions, and outside funding; and the extent to which the accommodation would involve waiver of an essential requirement of a job as opposed to a tangential or non-business necessity requirement.

 

10:5-12.1. Forced retirement. Notwithstanding any provision of law to the contrary, relief for havingbeen required to retire in violation of the provisions of section 11 of P.L.1945, c. 169 (C. 10:5-12), shall beavailable to the person aggrieved by that violation solely through the procedure initiated by filing a complaintwith the Attorney General under the provisions of P.L.1945, c. 169 (C. 10:5-1 et seq.).


Notwithstanding any provision to the contrary of section 16 of P.L.1945, c. 169 (C. 10:5-17) or any other law,relief ordered for or granted to a person in connection with his being required to retire in violation of the provisionsof section 11 of P.L.1945, c. 169 (C. 10:5-12) shall be limited to his reinstatement with back pay and interest.

10:5-13. Filing complaint; prosecution of suit in Superior Court, jury trial.
Any person claiming to be aggrieved by an unlawful employment practice or an unlawful discrimination may, personallyor by an attorney-at-law, make, sign and file with the division a verified complaint in writing which shall statethe name and address of the person, employer, labor organization, employment agency, owner, lessee, proprietor,manager, superintendent, or agent alleged to have committed the unlawful employment practice or unlawful discriminationcomplained of and which shall set forth the particulars thereof and shall contain such other information as maybe required by the division. Upon receipt of the complaint, the division shall notify the complainant on a formpromulgated by the director of the division and approved by the Attorney General of the complainant's rights underthis act, including the right to file a complaint in the Superior Court to be heard before a jury; of the jurisdictionallimitations of the division; and any other provisions of this act, without interpretation, that may apply to thecomplaint. The Commissioner of Labor, the Attorney General, or the Commissioner of Education may, in like manner,make, sign and file such complaint. Any employer whose employees, or some of them, refuse or threaten to refuseto co-operate with the provisions of this act, may file with the division a verified complaint asking for assistanceby conciliation or other remedial action.

Any complainant may initiate suit in Superior Court under this act without first filing a complaint with the divisionor any municipal office. Upon the application of any party, a jury trial shall be directed to try the validityof any claim under this act specified in the suit. All remedies available in common law tort actions shall be availableto prevailing plaintiffs. These remedies are in addition to any provided by this act or any other statute. Prosecutionof such suit in Superior Court under this act shall bar the filing of a complaint with the division or any municipaloffice during the pendency of any such suit.

At any time after 180 days from the filing of a complaint with the division, a complainant may file a request withthe division to present the action personally or through counsel to the Office of Administrative Law. Upon suchrequest, the director of the division shall file the action with the Office of Administrative Law, provided thatno action may be filed with the Office of Administrative Law where the director of the division has found thatno probable cause exists to credit the allegations of the complaint or has otherwise dismissed the complaint.

A party to an action based upon a violation of this act shall mail a copy of the initial pleadings or claims, amendedpleadings or claims, counterclaims, briefs, and legal memoranda to the division at the same time as filing suchdocuments with the Office of Administrative Law or the court. Upon application to the Office of AdministrativeLaw or to the court wherein the matter is pending, the division shall be permitted to intervene.

10:5-14. Investigation of complaint; Attorney General's duties
After the filing of any complaint, the Attorney General shall cause prompt investigation to be made in connectiontherewith and advise the complainant of the results thereof. During the period beginning with the filing of suchcomplaint and ending with the closure of the case or 45 days from the date of a finding of probable cause, theAttorney General shall, to the extent feasible, engage in conciliation with respect to such complaint. Neitherthe Attorney General nor any officer or employee of the division shall disclose any conversation between the AttorneyGeneral or a representative and the respondent or a representative at such conference, except that the AttorneyGeneral and any officer or employee may disclose the terms of a settlement offer to the complainant or other aggrievedperson on whose behalf the complaint was filed.
10:5-15. Notice requiring respondent to answer charges; place of hearing.
In case of failure so to eliminate such practice or discrimination, or in advance thereof if in his judgmentcircumstances so warrant, the Attorney General shall cause to be issued and served in the name of the division,a written notice, together with a copy of such complaint, as the same may have been amended, requiring the person,employer, labor organization, employment agency, owner, lessee, proprietor, manager, superintendent, or agent namedin such complaint, hereinafter referred to as respondent, to answer the charges of such complaint at a hearingbefore the director at a time and place to be specified in such notice. The place of any such hearing shall bethe office of the Attorney General or such other place as may be designated by him.

10:5-17. Findings and conclusions of director; order
If, upon all evidence at the hearing, the director shall find that the respondent has engaged in any unlawful employmentpractice or unlawful discrimination as defined in this act, the director shall state his findings of fact and conclusionsof law and shall issue and cause to be served on such respondent an order requiring such respondent to cease anddesist from such unlawful employment practice or unlawful discrimination and to take such affirmative action, including,but not limited to, hiring, reinstatement or upgrading of employees, with or without back pay, or restoration tomembership, in any respondent labor organization, or extending full and equal accommodations, advantages, facilities,and privileges to all persons, as, in the judgment of the director, will effectuate the purpose of this act, andincluding a requirement for report of the manner of compliance. If the conduct violative of this act constitutesany form of unlawful economic discrimination prohibited in section 11, subsections 1., m., and n. of this act,the affirmative action taken by the director may include the award of three-fold damages to the person or personsaggrieved by the violation. The director shall have the power to use reasonably certain bases, including but notlimited to list, catalogue or market prices or values, or contract or advertised terms and conditions, in orderto determine particulars or performance in giving appropriate remedy. In addition to any other remedies providedby P.L.1945, c.169 (C.10:5-1 et seq.), a prevailing complainant may recover damages to compensate for emotionaldistress caused by the activities found to be in violation of P.L.1945, c.169 (C.10:5-1 et seq.) to the same extentas is available in common law tort actions. In any case in which the director, Attorney General, or appropriateorganization is a complainant, on behalf of named or unnamed individuals or a class of individuals, any of theremedies or relief allowed by this act may be awarded or applied to the named or unnamed individual victims ofdiscrimination. If, upon all evidence, the director shall find that the respondent has not engaged in any suchunlawful practice or unlawful discrimination, the director shall state his findings of fact and conclusions oflaw and shall issue and cause to be served on the complainant an order dismissing the said complaint as to suchrespondent.

10:5-18. Rules of practice; limitations.
The Attorney General shall establish rules of practice to govern, expedite and effectuate the foregoing procedureand his own actions thereunder. Any complaint filed in the division or in any municipal office pursuant to thisact must be so filed within 180 days after the alleged act of discrimination.

10:5-27.1. Attorneys fees.
In any action or proceeding brought under this act, the prevailing party may be awarded a reasonable attorney'sfee as part of the cost, provided however, that no attorney's fee shall be awarded to the respondent unless thereis a determination that the charge was brought in bad faith.

10:5-29. Person with a disability; accompaniment by service or guide dog; use of public facilities; liabilities.
1. Any person with a disability accompanied by a service or guide dog trained by a recognized training agency orschool is entitled, with his dog, to the full and equal enjoyment, advantages, facilities and privileges of allpublic facilities, subject only to the following conditions:

a. A person with a disability, if accompanied by a service or guide dog, shall keep such dog in his immediatecustody at all times;
b. A person with a disability accompanied by a service or guide dog shall not be charged any extra fee or paymentfor admission to or use of any public facility;
c. A person with a disability who has a service or guide dog in his possession shall be liable for any damagesdone to the premises of a public facility by such dog.
d. (Deleted by amendment; P.L.1981, c. 391.)

10:5-29.1 Person with a disability; unlawful employment practice.
3. Unless it can be clearly shown that a person's disability would prevent such person from performing a particularjob, it is an unlawful employment practice to deny to an otherwise qualified person with a disability the opportunityto obtain or maintain employment, or to advance in position in his job, solely because such person is a personwith a disability or because such person is accompanied by a service or guide dog.

34:11-56.1 Employer Notices for Equal Pay.
a.  Every employer in this State, with 50 or more employees,  shall conspicuously post notification, in a place or places accessible to all workers in each of the employer’s workplaces, in a form issued by regulation promulgated by the Commissioner of Labor and Workforce Development, detailing the right to be free of gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment under the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-1 et seq.), P.L.1952, c.9 (C.34:11-56.1 et seq.), Title VII of the Civil Rights Act of 1964, Pub.L. 88-352 (42 U.S.C. s.2000e et seq.), and the Equal Pay Act of 1963, Pub.L. 88-38 (29 U.S.C. s.206(d)), which prohibit wage or compensation discrimination based on gender.
   b.  The employer shall provide each worker of the employer with a written copy of the notification: not later than 30 days after the form of the notification is issued by the commissioner; at the time of the worker’s hiring, if the worker is hired after the issuance; annually, on or before December 31 of each year; and at any time, upon the first request of the worker. The employer shall make the written copy of the notification available to each worker:
     (1)   By email delivery;
     (2)   Via printed material, including, but not limited to, a pay check insert, brochure or similar informational packet provided to new hires, an attachment to an employee manual or policy book, or flyer distributed at an employee meeting; or
     (3)   Through an Internet or Intranet website, if the site is for the exclusive use of all workers, can be accessed by all workers, and the employer provides notice to the workers of its posting.
     The notification provided by the employer pursuant to this subsection shall contain an acknowledgement that the worker has received the notification and has read and understands its terms. The acknowledgement shall be signed by the worker, in writing or by means of electronic verification, and returned to the employer within 30 days of its receipt.
     c.   The commissioner shall make the notification required by this section available in English, Spanish, and any other language that the commissioner determines is the first language of a significant number of workers in the State. This determination shall be, at the discretion of the commissioner, based on the numerical percentages of all workers in the State for whom English or Spanish is not a first language or in a manner consistent with any regulations promulgated by the commissioner for this purpose. The employer shall post and provide the notification in English, Spanish, and any other language for which the commissioner has made the notification available and which the employer reasonably believes is the first language of  a significant number of the employer’s workforce.  (Effective 11/19/2012)
 

34:11-56.2. Discrimination in pay based on sex prohibited.
No employer shall discriminate in any way in the rate or method of payment of wages to any employee becauseof his or her sex. A differential in pay between employees based on a reasonable factor or factors other than sexshall not constitute discrimination within the meaning of this section.

34:11-56.3. Enforcement of act.
The Commissioner of Labor and Industry shall have the power and it shall be his duty to carry out and enforcethe provisions of this act.

34:11-56.4. Inspection of records; obtaining of information.
The commissioner, or his authorized representative, shall have the power to enter the place of employment ofany employer to inspect and copy payrolls and other employment records, to compare character of work and skillson which persons employed by the employer are engaged, to question such persons under subpoena, if necessary, andto obtain such other information as is reasonably necessary to the administration and enforcement of this act.

34:11-56.5. Regulations, power to make.
The commissioner shall have the power to issue such regulations, not inconsistent with the purpose and provisionsof this act, as he deems necessary or appropriate for the efficient administration thereof.

34:11-56.6. Violations of act.
Any employer who willfully violates any provision of this act, or who discharges or in any other manner discriminatesagainst any employee because such employee has made any complaint to his or her employer, the commissioner, orany other person, or instituted, or caused to be instituted any proceeding under or related to this act, or hastestified or is about to testify in any such proceedings, shall be guilty of a misdemeanor and, upon convictionthereof, be punished by a fine of not less than fifty dollars ($50.00), nor more than two hundred dollars ($200.00),or by imprisonment for not less than ten days nor more than ninety days, or by both fine and imprisonment.

34:11-56.7. Failure to furnish records; interference with commissioner in performance of duties.
Any employer who willfully fails to furnish required records and information to the commissioner upon request,or who falsifies such records or who hinders, delays, or otherwise interferes with the commissioner, or his authorizedrepresentative, in the performance of his duties in the enforcement of this act, or refuses such official entryinto any place of employment which he is authorized by this act to inspect, shall be guilty of a misdemeanor and,upon conviction be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars($200.00).

34:11-56.8. Actions by or on behalf of employees; damages.
If any employee, because of his or her employer's violation of the provisions of section two of this act, isdiscriminated against in the payment of wages, such employee may recover in a civil action the full amount of thesalary or wages due from the employer plus an additional equal amount as liquidated damages, together with costsand such reasonable attorney's fees as may be allowed by the court, and any agreement between such employee andemployer to work for less than such salary or wages shall be no defense to the action. At the request of any employeepaid less than the wage to which she may be entitled under this act, the commissioner may take an assignment ofsuch wage claim in trust for the assigning employee and may bring any legal action necessary to collect such claim,including the liquidated damages provided by this section without cost to the employee. The court in such actionshall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee tobe paid by the defendant, and costs of the action. The commissioner shall not be required to pay the filing fee,or other costs, in connection with such action. The commissioner shall have power to join various claimants againstthe employer in one cause of action.

34:11-56.9. Notice of alleged violation; hearing.
If complaint shall be made to the commissioner, or if he shall have reason to believe that any provision ofthis act has been violated, he may cause notice of such alleged violation to be given to the alleged violator,giving the party so notified the opportunity to answer such complaint. The alleged violator shall be given an opportunity,at his request, to be heard with regard to such alleged violation, under such rules and regulations as may be prescribedby the commissioner provided that the complaining party and all interested persons shall be notified of such hearingand given an opportunity to be present. If, as the result of such hearing, it shall appear that the purposes ofthis act may be served and any violation corrected without the institution of any prosecution, the commissionershall not be obligated to institute any prosecution for any such violation.

Sexual Orientation Discrimination - State employment

11A:7-1. Sexual orientation discrimination. The head of each State agency shall ensure equality of opportunityfor all of its employees and applicants seeking employment. Equal employment opportunity includes, but is not limitedto, the following areas: recruitment, selection, hiring, training, promotion, transfer, layoff, return from layoff,compensation and fringe benefits. Equal employment opportunity further includes policies, procedures, and programsfor recruitment, employment, training, promotion, and retention of minorities, women and handicapped persons. Equalemployment opportunity but not affirmative action is required with respect to persons identified solely by theiraffectional or sexual orientation.

The head of each State agency shall explore innovative personnel policies in order to enhance these efforts andwhere appropriate shall implement them to the fullest extent authorized. Where the implementation of those policiesis not authorized, an agency head shall recommend implementation to the appropriate State agency.

Tobacco Use Discrimination

34:6B-1. Use or nonuse of tobacco products. No employer shall refuse to hire or employ any person orshall discharge from employment or take any adverse action against any employee with respect to compensation, terms,conditions or other privileges of employment because that person does or does not smoke or use other tobacco products,unless the employer has a rational basis for doing so which is reasonably related to the employment, includingthe responsibilities of the employee or prospective employee.

34:6B-2. Nothing contained in this act shall be construed to affect any applicable laws, rules or workplacepolicies concerning smoking or the use of other tobacco products during the course of employment.


34:8B-1  Provisions prohibited from advertisements for job vacancies.
     1.    Unless otherwise permitted by the provisions of Title 11A of the New Jersey Statutes or any other law, rule or regulation, no employer or employer’s agent, representative, or designee shall knowingly or purposefully publish, in print or on the Internet, an advertisement for any job vacancy in this State that contains one or more of the following:
     a.     Any provision stating that the qualifications for a job include current employment;
     b.    Any provision stating that the employer or employer’s agent, representative, or designee will not consider or review an application for employment submitted by any job applicant currently unemployed; or
     c.     Any provision stating that the employer or employer’s agent, representative, or designee will only consider or review applications for employment submitted by job applicants who are currently employed.
     Nothing set forth in this section shall be construed as prohibiting an employer or employer’s agent, representative, or designee from publishing, in print or on the Internet, an advertisement for any job vacancy in this State that contains any provision setting forth any other qualifications for a job, as permitted by law, including, but not limited to, the holding of a current and valid professional or occupational license, certificate, registration, permit or other credential, or a minimum level of education, training or professional, occupational or field experience.
     In addition, nothing set forth in this section shall be construed as prohibiting an employer or employer’s agent, representative, or designee from publishing, in print or on the Internet, an advertisement for any job vacancy that contains any provision stating that only applicants who are currently employed by such employer will be considered.  (Effective 6/1/2011)
 
C.34:8B-2  Violations, penalties.
     2. a. Any employer who violates this act shall be subject to a civil penalty in an amount not to exceed $1,000 for the first violation, $5,000 for the second violation and $10,000 for each subsequent violation, collectible by the Commissioner of Labor and Workforce Development in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).
     b.    Nothing set forth in this act shall be construed as creating, establishing or authorizing a private cause of action by an aggrieved person against an employer who has violated, or is alleged to have violated, the provisions of this act.

Law Prohibiting Requirement of Disclosure of Personal Information For Certain Electronic Communications Devices

C.34:6B-5  Definitions relative to disclosure of personal information for certain electronic communications devices.
     1.    For purposes of this act:
     “Electronic communications device” means any device that uses electronic signals to create, transmit, and receive information, including a computer, telephone, personal digital assistant, or other similar device.
     “Employer” means an employer or employer’s agent, representative, or designee.  The term “employer” does not include the Department of Corrections, State Parole Board, county corrections departments, or any State or local law enforcement agency.
     “Personal account” means an account, service or profile on a social networking website that is used by a current or prospective employee exclusively for personal communications unrelated to any business purposes of the employer.  This definition shall not apply to any account, service or profile created, maintained, used or accessed by a current or prospective employee for business purposes of the employer or to engage in business related communications.
     “Social networking website” means an Internet-based service that allows individuals to construct a public or semi-public profile within a bounded system created by the service, create a list of other users with whom they share a connection within the system, and view and navigate their list of connections and those made by others within the system.  (Effective 12/1/2013)
 
C.34:6B-6  Prohibited actions by employers.
     2.    No employer shall require or request a current or prospective employee to provide or disclose any user name or password, or in any way provide the employer access to, a personal account through an electronic communications device.  (Effective 12/1/2013)
 
C.34:6B-7  Waiver, limitation of protection prohibited.
     3.    No employer shall require an individual to waive or limit any protection granted under this act as a condition of applying for or receiving an offer of employment. An agreement to waive any right or protection under this act is against the public policy of this State and is void and unenforceable.  (Effective 12/1/2013)
 
C.34:6B-8  Retaliation, discrimination prohibited.
     4.    No employer shall retaliate or discriminate against an individual because the individual has done or was about to do any of the following:
     a.    Refuse to provide or disclose any user name or password, or in any way provide access to, a personal account through an electronic communications device;
     b.    Report an alleged violation of this act to the Commissioner of Labor and Workforce Development;
     c.    Testify, assist, or participate in any investigation, proceeding, or action concerning a violation of this act; or
     d.    Otherwise oppose a violation of this act.  (Effective 12/1/2013)
 
C.34:6B-9  Violations, penalties.
     5.    An employer who violates any provision of this act shall be subject to a civil penalty in an amount not to exceed $1,000 for the first violation and $2,500 for each subsequent violation, collectible by the Commissioner of Labor and Workforce Development in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).  (Effective 12/1/2013)
 
C.34:6B-10  Construction of act.
     6. a. Nothing in this act shall be construed to prevent an employer from complying with the requirements of State or federal statutes, rules or regulations, case law or rules of self-regulatory organizations.
     b.    Nothing in this act shall prevent an employer from implementing and enforcing a policy pertaining to the use of an employer issued electronic communications device or any accounts or services provided by the employer or that the employee uses for business purposes.
     c.    Nothing in this act shall prevent an employer from conducting an investigation:
     (1)   for the purpose of ensuring compliance with applicable laws, regulatory requirements or prohibitions against work-related employee misconduct based on the receipt of specific information about activity on a personal account by an employee; or
     (2)   of an employee’s actions based on the receipt of specific information about the unauthorized transfer of an employer’s proprietary information, confidential information or financial data to a personal account by an employee.
     d.    Nothing in this act shall prevent an employer from viewing, accessing, or utilizing information about a current or prospective employee that can be obtained in the public domain.  (Effective 12/1/2013)

1.    The Legislature finds and declares:
     a.    That pregnant women are vulnerable to discrimination in the workplace in New Jersey, as indicated in reports that women who request an accommodation that will allow them to maintain a healthy pregnancy, or who need a reasonable accommodation while recovering from childbirth, are being removed from their positions, placed on unpaid leave, or fired;
     b.    It is the intent of the Legislature to combat this form of discrimination by requiring employers to provide reasonable accommodations to pregnant women and those who suffer medical conditions related to pregnancy and childbirth, such as bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work; and
     c.    It is not the intent of the Legislature to require such accommodations if their provision would cause an undue hardship in the conduct of an employer's business.  (Effective 1/17/2014).


 
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