New Jersey Discrimination laws & HR compliance analysis

New Jersey Discrimination: What you need to know

The New Jersey Law Against Discrimination (LAD) prohibits discrimination in employment based on race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy, sex (including sexual harassment), gender identity or expression, disability, atypical hereditary cellular or blood trait, liability for military service, nationality, or for the refusal to submit to a genetic test or make the test results available to an employer (NJ Rev. Stat. Sec. 10:5-4 et seq.).
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Unlike the federal law under Title VII of the Civil Rights Act of 1964 (Title VII), which applies only to those employers with 15 or more employees, the LAD covers all public and private employers regardless of size (NJ Rev. Stat. 10:5-1 et seq.).
Under the LAD, it is unlawful for an employer to:
• Refuse to hire or to discharge, require to retire, or otherwise discriminate against an individual in compensation, terms, conditions, or privileges of employment based on a protected characteristic.
• Print or circulate any statement, advertisement, or publication, or to use any application form, or to make a preemployment inquiry that expresses, directly or indirectly, any limitation, specification, or discrimination based on a protected characteristic, unless a bona fide occupational qualification (BFOQ) applies.
• Retaliate against any person for opposing any unlawful discriminatory practices or acts or because that person has filed a complaint, testified, or assisted in any proceeding under the LAD.
• Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of any right protected by the LAD or because that ...

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