Discrimination - Other - New Jersey

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The New Jersey law identifies the following protected classes for purposes of employment discrimination:

• Race,
• Creed,
• Color,
• National origin,
• Ancestry,
• Age,
• Marital status,
• Civil union status,
• Domestic partnership status,
• Affectional or sexual orientation (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),
• Genetic information (information about genes, gene products, or inherited characteristics that may derive from an individual or family member),
• Pregnancy or breastfeeding,
• Sex,
• Gender identity or expression (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),
• Disability,
• Because of the liability for service in the Armed Forces of the United States or the nationality of any individual,
• Because of the refusal to submit to a genetic test or make available the results of a genetic test to an employer,
• Retaliation,
• Tobacco use, and
• Serving as a volunteer emergency responder during a state of emergency (see the Time Off topic for details).

The law applies to employers with at least four employees and anyone acting for an employer.

Race discrimination under New Jersey law includes discrimination based on traits historically associated with race, including, but not limited to, hair texture, hair types, and protective hairstyles, such as braids, locks, and twists. See CROWN Act discussion below.

Disability discrimination under New Jersey law includes discrimination based on:

• Physical or sensory disability, infirmity, malformation, or disfigurement caused by injury, birth defect, or illness;
• Atypical hereditary cellular or blood trait of any individual; or
• AIDS or HIV infection.

Effective January 18, 2008, New Jersey added “civil union status” to the list of protected classes under state law. The term “civil Union” means a legally recognized union of two eligible individuals. State law recognizes marriages and civil unions entered into under a license issued by licensing officer (city clerk, state registrar, etc.).

New Jersey also clarified that the law against discrimination based on gender identity or expression does not prevent an employer from requiring employees to adhere to reasonable workplace appearance, grooming, and dress standards, as long as the employer allows the employee to appear, groom, and dress in a manner consistent with the employee’s gender identity or expression.

Effective November 7, 2011, New Jersey prohibits job advertisements which discriminate against the unemployed.

 Employer defined

“Employer” includes all ‘persons’ unless otherwise specifically exempt, and includes the state, any political or civil subdivision, and all public officers, agencies, boards or bodies.

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

CROWN Act

The New Jersey Crown Act prohibits employment discrimination based on hair style, type, or texture under the state “Law Against Discrimination” (LAD, P.L.1945, c.169 (§§ 10:5-1 – 10:5-50).

Specifically, the bill amends the LAD so that the term “race” includes traits historically associated with race, including, but not limited to, hair texture, hair type, and “protective hairstyles”. “Protective hair styles” includes, but is not limited to, such hairstyles as braids, locks, and twists.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those for other protected classes. The New Jersey Law Against Discrimination (LAD) prohibits employers from discriminating in any job-related action, including recruitment, interviewing, hiring, promotions, discharge, compensation and the terms, conditions and privileges of employment on the basis of any of the law’s specified protected categories.

Employees may file a complaint with the New Jersey Division on Civil Rights within 180 days of the date of the alleged violation. Alternatively, they may file a complaint in the Law Division of the Superior Court of New Jersey within two years of the alleged violation.

Unemployment discrimination

Unless otherwise permitted by law, an employer may not knowingly or purposefully publish, in print or on the Internet, an advertisement for any job vacancy in the State of New Jersey that contains one or more of the following:

1. Any provision stating that the qualifications for a job include current employment;
2. Any provision stating that the employer will not consider or review an application submitted by a job applicant currently unemployed; or
3. Any provision stating that the employer will only consider or review applications submitted by job applicants who are currently employed.

Employers may, however, publish or print an advertisement which says that only applicants who are currently employed by the employer (internal candidates) will be considered.

State

Related information

Protected classes ezExplanation

Contact

Division on Civil Rights

Regulations

New Jersey Law Against Discrimination, Title 10

N.J. Stat. § 10:5-12 Civil rights; unlawful employment practices; discrimination

N.J. Stat. § 10:5-5 Definitions relative to discrimination

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.