New Jersey Law Against Discrimination – An Overview
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 and conditions of employment on the basis of any of the LAD’s specified protected categories.
These protected categories are: race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy and sexual harassment), marital status, domestic partnership status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information liability for military service, or mental or physical disability, including AIDS and HIV related illnesses. The LAD prohibits intentional discrimination based on any of these characteristics.
The LAD also prohibits harassment based on protected characteristics such as race, sex or nationality. Under the LAD, sexual harassment includes unwelcome sexual advances, requests for sexual relations or other verbal or physical conduct of a sexual nature. There are generally two types of sexual harassment. Quid pro quo harassment occurs when an employer attempts to make submission to sexual demands a condition of employment.
Hostile work environment sexual harassment occurs when an employee is subjected to sexual, abusive, or offensive conduct because of his or her gender. This conduct creates an unlawful work environment when it is severe or pervasive enough to make a reasonable person of the employee’s gender believe that the conditions of employment have been altered and the working environment has become hostile or abusive. This analysis may also be applied to hostile work environments created because of an employee’s race, nationality, creed, disability, or other characteristics enumerated by the LAD.
Stark & Stark attorneys can help your Company to develop employment policies that meets the statutory requirements pursuant to LAD.
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4 Replies to “New Jersey Law Against Discrimination – An Overview”
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Is it possible for New Jersey state run organization to refuse to give an internship to a well qualified applicant based on a drug arrest (conditional discharge) from over 10 years ago. My husband who has an outstanding record since 19 years old is being refused an internship based on this past. I would be interested in knowing what our legal options are- if any. Thank you
A major NJ financial firm has discontinued my wife’s job. She has applied for another position at the firm but was denied because if hired she would be working for a dept. marginally connected to another dept. where her niece works. The firms’ policy is that relatives can work together unless there is a reporting relationship or conflict of interest. The fact is there would be little contact between them and they’ve worked together in the same dept. before without incident. This seems to me to be case of a policy that is inconsistently enforced. Is there any legal recourse? Thank you in advance.
Hi,
The president, COO of the company that I work for constantly makes crude and sexual remarks to me and other women in my office. He also at times will come up behind a woman while she is at her desk working and start massaging her shoulders. He has made numerous sexual remarks to me personally and I am really nervous when he is around me. My question is, do I have grounds for sexual harrassment and is documentation when these actions occur needed?
Judy – it sounds like there is a potential violation. It is worth talking about. Please feel free to contact me to discuss it.