What Is the New Jersey Law Against Discrimination?
The New Jersey Law Against Discrimination, commonly called the NJ LAD, is one of New Jersey’s most important employment civil rights laws. It prohibits workplace discrimination, harassment, retaliation, and certain failures to accommodate based on protected characteristics. The statute appears at N.J.S.A. 10:5-1 et seq., and the core employment discrimination provisions include N.J.S.A. 10:5-12.
The NJ LAD protects employees from discrimination based on traits such as race, creed, color, national origin, ancestry, age, sex, pregnancy, disability, affectional or sexual orientation, gender identity or expression, marital status, civil union status, domestic partnership status, and other protected characteristics.
What Conduct Can Violate the NJ LAD?
The NJ LAD may apply to:
- Discriminatory hiring, firing, demotion, discipline, or compensation.
- Sexual harassment or hostile work environment.
- Race, age, disability, religious, pregnancy, or LGBTQ+ discrimination.
- Retaliation after an employee complains about discrimination.
- Failure to provide a reasonable accommodation for disability or religion.
- Unequal treatment by supervisors, executives, owners, coworkers, or others in the workplace.
Hostile Work Environment Under the NJ LAD
A foundational NJ LAD hostile work environment case is Lehmann v. Toys “R” Us, Inc., 132 N.J. 587 (1993). In that case, the New Jersey Supreme Court addressed hostile work environment sexual harassment and employer liability. The NJ LAD has since been used in many kinds of harassment cases, not only sexual harassment cases.
A hostile work environment claim may involve repeated comments, slurs, sexual conduct, ridicule, exclusion, threats, or other discriminatory conduct. In some cases, a single severe incident may be enough. Employer response matters. If management knew about harassment and failed to act, the employer’s inaction can become important evidence.
Retaliation Under the NJ LAD
The NJ LAD also prohibits retaliation. An employer cannot punish an employee for complaining about discrimination, reporting harassment, supporting a coworker’s claim, requesting accommodations, or participating in an investigation. Retaliation can include termination, demotion, discipline, reduced work, exclusion, negative reviews, or pressure to resign.
NJ LAD and CEPA
Some New Jersey employment cases involve both the NJ LAD and CEPA, New Jersey’s whistleblower law. The NJ LAD generally focuses on discrimination, harassment, accommodation, and retaliation connected to protected traits. CEPA generally focuses on retaliation for whistleblowing about legal violations, fraud, criminal conduct, or clear public-policy issues. Depending on the facts, an employee may need counsel to evaluate how these claims interact.
Related Fingerhut Law Pages
Whistleblower Retaliation, Sexual Harassment, Race Discrimination, Disability Discrimination, Retaliation for Protected Activity.
Contact Fingerhut Law
If you work in New Jersey and experienced discrimination, harassment, retaliation, or failure to accommodate, contact Fingerhut Law for a confidential consultation.
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