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Title: New Jersey’s Employment Discrimination Laws: Key Protections for Workers

Introduction

New Jersey is a leader in providing robust protections for workers against discrimination and harassment. The state has some of the most comprehensive employment discrimination laws in the country, designed to ensure that employees are treated fairly and respectfully. Understanding these laws can empower workers to recognize their rights and take action if they experience discrimination or harassment. This article offers a detailed overview of New Jersey’s employment discrimination laws and outlines key protections available to workers.

Overview of New Jersey’s Law Against Discrimination (NJLAD)

The New Jersey Law Against Discrimination (NJLAD) is one of the strongest anti-discrimination statutes in the United States. Enacted in 1945, NJLAD prohibits discrimination in employment, housing, and public accommodations based on a broad range of characteristics. This law applies to all employers in New Jersey, regardless of the number of employees, making it more expansive than federal laws like Title VII of the Civil Rights Act, which only applies to employers with 15 or more employees.

Protected Characteristics under NJLAD:

NJLAD protects employees from discrimination based on:

Race
Color
National origin
Sex
Gender identity or expression
Sexual orientation
Disability
Pregnancy
Age
Marital status
Domestic partnership or civil union status
Genetic information
Military status

This broad range of protections ensures that New Jersey workers are shielded from discrimination across numerous personal and professional characteristics, promoting a more inclusive and equitable workplace.

Key Protections for Workers Under NJLAD

NJLAD provides protections in various aspects of employment, from hiring and promotions to day-to-day interactions. Here’s an overview of how NJLAD applies in different areas:

Protection Against Hiring Discrimination
Employers in New Jersey cannot refuse to hire qualified candidates based on any protected characteristic. This includes making hiring decisions based on race, gender, age, disability, or any other protected factor. NJLAD ensures that all individuals have an equal opportunity for employment, promoting fairness in hiring practices.
Prohibition of Workplace Harassment
NJLAD prohibits harassment in the workplace, including sexual harassment and any behavior that creates a hostile work environment. Harassment can include offensive comments, unwanted physical contact, or discriminatory jokes targeting protected characteristics. Employers are required to take reasonable steps to prevent and address harassment, fostering a respectful work environment.
Equal Pay for Equal Work
While New Jersey has separate equal pay laws, NJLAD also supports equal pay by prohibiting discrimination based on gender, race, or other protected characteristics in compensation. Employers must provide equal pay for equal work and cannot use discriminatory practices to justify pay differences among employees in comparable roles.
Protection Against Retaliation
NJLAD protects employees from retaliation for reporting discrimination, filing complaints, or participating in investigations. Retaliation can take the form of demotions, pay cuts, exclusion from projects, or even termination. Employers are legally prohibited from taking adverse actions against employees who exercise their rights under NJLAD.
Reasonable Accommodations for Disabilities and Pregnancy
NJLAD requires employers to provide reasonable accommodations for employees with disabilities or pregnancy-related needs, such as modified duties, additional breaks, or ergonomic support. Accommodations must be reasonable and should not impose an undue hardship on the employer. This protection ensures that employees can perform their jobs safely and effectively.
Protection for Gender Identity and Sexual Orientation
New Jersey is among the most progressive states in protecting LGBTQ+ employees. NJLAD explicitly prohibits discrimination based on gender identity, gender expression, and sexual orientation, ensuring a safe workplace for LGBTQ+ individuals. Employers are required to respect employees' gender identity and may be required to provide accommodations, such as gender-neutral bathrooms or dress code adjustments.

Additional Worker Protections in New Jersey

New Jersey also has other laws that complement NJLAD, offering additional protections for workers.

New Jersey Family Leave Act (NJFLA)
The NJFLA allows eligible employees to take up to 12 weeks of job-protected leave in a 24-month period to care for a newborn, adopted child, or family member with a serious health condition. The NJFLA differs from the federal Family and Medical Leave Act (FMLA) by covering a broader range of family members, including parents-in-law.
Equal Pay Act
New Jersey’s Equal Pay Act expands upon NJLAD by prohibiting wage discrimination based on race, gender, age, and other protected characteristics. Under this law, employees performing “substantially similar” work must be paid equally, and employers are required to justify any pay differences. This act reinforces NJLAD’s commitment to fair compensation.
Ban the Box Law
New Jersey’s Ban the Box law prohibits employers from inquiring about an applicant’s criminal history until after the first interview. This law aims to reduce barriers to employment for individuals with criminal records, promoting fair hiring practices and giving applicants a fair chance at employment based on qualifications rather than past mistakes.
The Diane B. Allen Equal Pay Act
Named after a former state senator, this law mandates that employees performing similar work receive equal pay across all protected categories, including gender and race. The law also allows employees to seek back pay for up to six years if they prove wage discrimination, providing stronger protections than federal equal pay laws.

Steps to Take if You Experience Discrimination in New Jersey

If you believe you are experiencing discrimination in the workplace, here are steps you can take to protect yourself:

Document Incidents
Keep a record of each incident of discrimination or harassment, noting dates, times, locations, and any individuals involved. Emails, messages, and performance reviews can also serve as supporting evidence.
Report to HR or Management
Follow your company’s internal procedures for reporting discrimination or harassment. Filing a formal complaint through HR creates a record of your concerns and demonstrates that you have taken steps to address the issue internally.
Consult an Employment Lawyer
Consulting with an attorney experienced in New Jersey employment law can provide valuable insight into your rights and options. An attorney can help you understand NJLAD protections, assess the strength of your case, and guide you through filing a complaint if necessary.
File a Complaint with the New Jersey Division on Civil Rights (DCR)
If internal reporting does not resolve the issue, you can file a complaint with the New Jersey Division on Civil Rights (DCR). You have 180 days from the date of the incident to file a complaint with the DCR, which will investigate your claim and, if necessary, take enforcement action against your employer.
Consider Filing a Lawsuit
If you have sufficient evidence and your attorney advises it, filing a lawsuit under NJLAD may be an option. Lawsuits can lead to financial compensation, job reinstatement, or other remedies to address discrimination.

Conclusion

New Jersey’s employment discrimination laws provide comprehensive protections for workers, ensuring they are treated fairly and respectfully in the workplace. Understanding these protections under NJLAD and other laws empowers employees to stand up against discrimination and harassment. If you are facing discrimination, knowing your rights and seeking legal guidance can help you navigate the process and secure the treatment you deserve.

At John J. Zidziunas & Associates, LLC, our employment discrimination lawyers represent employees that have been harmed in New Jersey and Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, or Suffolk County workplaces. For more information on New Jersey’s employment discrimination laws and how to protect your rights, call us at (212) 516-1868 or contact us here. We represent workers on a contingency fee basis with free consultations. We also defend employers being sued for frivolous and non-legitimate claims.

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