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| New Jersey Law Against Discrimination | |
|---|---|
| Name | New Jersey Law Against Discrimination |
| Enacted | 1945 |
| Jurisdiction | New Jersey |
| Status | Active |
New Jersey Law Against Discrimination is a comprehensive civil rights statute enacted in New Jersey to prohibit discrimination in employment, housing, public accommodations, and other areas. The law has been interpreted and applied through decisions of the New Jersey Supreme Court, actions by the New Jersey Civil Rights Division, and federal litigation in the United States District Court for the District of New Jersey. It interacts with federal statutes such as the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the Fair Housing Act.
The statute originated in post-World War II legislative activity in Trenton, New Jersey and was shaped by advocacy from organizations including the NAACP, the American Civil Liberties Union, and the National Urban League. Key amendments paralleled developments in Brown v. Board of Education era jurisprudence and later reforms influenced by cases decided by the United States Supreme Court and the New Jersey Supreme Court. Legislative milestones occurred during governorships of Alfred E. Driscoll, Brendan Byrne, and Jim McGreevey, with administrative expansions under the Codification Act of 1948 and statutory revisions responding to decisions from the Third Circuit Court of Appeals.
The statute covers employment relationships involving entities such as Princeton University, Rutgers University, and private firms headquartered in Newark, New Jersey, and extends to housing markets in areas like Jersey City and Camden, New Jersey. Protected characteristics include race, creed, color, national origin, sex, pregnancy, sexual orientation, gender identity, marital status, familial status, disability, and other categories recognized by amendments influenced by activists from organizations like Lambda Legal, Human Rights Campaign, and Disability Rights New Jersey. The law's reach overlaps with federal provisions enforced by the Equal Employment Opportunity Commission and with municipal ordinances passed by bodies such as the Newark City Council.
Prohibited acts described by the statute encompass discriminatory hiring and firing practices involving employers such as AT&T, Johnson & Johnson, and state agencies in Trenton, New Jersey, discriminatory housing practices affecting landlords in Hoboken, New Jersey and lenders regulated by the Federal Reserve System, and denial of services at establishments like theaters in Atlantic City, New Jersey. The statute bars harassment, disparate treatment, disparate impact, retaliation, and reasonable accommodation failures, concepts litigated before tribunals including the United States Court of Appeals for the Third Circuit and administrative bodies such as the New Jersey Division on Civil Rights.
Remedies under the law include injunctive relief, back pay, front pay, declaratory judgments, compensatory damages, and punitive damages, remedies also sought in federal suits under the Civil Rights Act of 1991 and in state actions brought before the New Jersey Law Division. Complainants may seek costs and attorneys’ fees analogous to awards in cases before judges like those on the United States District Court for the Eastern District of Pennsylvania. Enforcement actions have been pursued by prosecutors in cooperation with agencies including the U.S. Department of Justice and local prosecutors such as the Bergen County Prosecutor in pattern-or-practice investigations.
Primary enforcement is conducted by the New Jersey Division on Civil Rights and adjudicated at times by the Office of Administrative Law and reviewed by the New Jersey Superior Court. Complaints are filed with municipal human rights commissions in cities like Paterson, New Jersey and Elizabeth, New Jersey or directly with the Division, leading to conciliatory conferences, probable cause determinations, and prosecution by the State Attorney General's Civil Rights Section. Procedural parallels exist with processes under the Equal Employment Opportunity Commission and appellate oversight by the New Jersey Supreme Court.
Significant litigation interpreting the statute includes decisions from the New Jersey Supreme Court addressing employment discrimination at institutions like Bell Labs and housing discrimination suits involving corporations such as Wyndham Worldwide. Federal court cases in the Third Circuit and district courts in New Jersey have considered interplay with the Age Discrimination in Employment Act and the Family and Medical Leave Act. Class actions and test-case litigation brought by public-interest litigants such as the ACLU and Public Justice have shaped remedial doctrines and compelled settlement agreements in matters involving municipalities like Passaic, New Jersey.
The statute influenced corporate compliance programs at firms including Prudential Financial and Citigroup operations in Newark, New Jersey, and informed municipal anti-discrimination ordinances adopted by city councils in Jersey City and Hoboken, New Jersey. Critics, including commentators from The New York Times and scholars at Rutgers School of Law–Newark, argue that enforcement can be uneven, that remedies may be insufficient compared to federal standards set by the United States Supreme Court, and that procedural barriers mirror concerns raised in scholarship from institutions like Columbia Law School and Yale Law School. Proponents cite expanded protections for LGBTQ populations, persons with disabilities represented by Disability Rights Advocates, and others who benefited from precedents established in state courts.
Category:New Jersey law