The New Jersey Law Against Discrimination: A Comprehensive Guide to NJLAD

What Is the NJLAD?

The New Jersey Law Against Discrimination, codified at N.J.S.A. 10:5-1 et seq., is the State's primary civil rights statute. First enacted in 1945 — two decades before the federal Civil Rights Act of 1964 — the NJLAD prohibits discrimination in employment, housing, places of public accommodation, and credit based on a wide range of protected characteristics.

The NJLAD is administered by the New Jersey Division on Civil Rights (DCR), a division of the Office of the Attorney General. The DCR investigates complaints, mediates disputes, and holds administrative hearings. Complainants may also file directly in the Superior Court of New Jersey without first exhausting administrative remedies — a significant advantage over federal anti-discrimination law.

New Jersey courts have consistently interpreted the NJLAD broadly and in favor of plaintiffs, viewing the statute as remedial legislation that should be liberally construed to advance its anti-discrimination purpose. As the New Jersey Supreme Court stated in Lehmann v. Toys 'R' Us, Inc., 132 N.J. 587 (1993), the NJLAD "evinces a strong public policy against discrimination" that courts must enforce vigorously.

Protected Classes Under the NJLAD

The NJLAD covers significantly more protected classes than federal law. The statute prohibits discrimination based on:

Notably, the NJLAD protects against discrimination based on perceived membership in a protected class — meaning an employer who discriminates against an employee because the employer believes (even incorrectly) that the employee is a member of a protected group violates the NJLAD. This "perception" protection is broader than what federal law expressly provides.

Who Is Covered: Employers, Landlords, and Places of Public Accommodation

Employment

The NJLAD applies to all employers in New Jersey, regardless of size. This is a critical distinction from federal law: Title VII of the Civil Rights Act of 1964 applies only to employers with 15 or more employees, and the Age Discrimination in Employment Act (ADEA) applies only to employers with 20 or more employees. The NJLAD has no minimum employee threshold — a business with a single employee is covered.

The NJLAD covers not only traditional employees but also independent contractors, partners, and members of professional associations. It prohibits discriminatory conduct throughout the employment relationship: hiring, compensation, terms and conditions of employment, promotion, demotion, transfer, layoff, and termination. It also prohibits retaliation against employees who oppose discriminatory practices or participate in NJLAD proceedings.

Housing

In the housing context, the NJLAD prohibits discrimination by owners, lessors, managing agents, real estate brokers, and mortgage lenders. It covers the sale, rental, lease, and financing of housing. The statute also prohibits "steering" — directing prospective buyers or renters toward or away from particular neighborhoods based on protected characteristics — and "blockbusting," the practice of inducing homeowners to sell by representing that persons of a particular protected class are moving into the neighborhood.

Places of Public Accommodation

The NJLAD's public accommodation provisions are among the broadest in the nation. "Place of public accommodation" is defined expansively to include any place that offers goods, services, facilities, privileges, advantages, or accommodations to the general public. This includes restaurants, hotels, theaters, retail stores, hospitals, schools, and — as interpreted by New Jersey courts — many private clubs and organizations that are not truly private in character.

Types of Discrimination Claims

Disparate Treatment

Disparate treatment claims allege that an employer intentionally treated an employee less favorably because of a protected characteristic. To establish a prima facie case of disparate treatment under the NJLAD, a plaintiff must show: (1) membership in a protected class; (2) qualification for the position; (3) an adverse employment action; and (4) circumstances giving rise to an inference of discrimination. This framework, adapted from the federal McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), shifts the burden to the employer to articulate a legitimate, non-discriminatory reason for the adverse action, after which the plaintiff must show that the stated reason is pretextual.

Hostile Work Environment

A hostile work environment claim arises when discriminatory conduct is sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment. The New Jersey Supreme Court's landmark decision in Lehmann v. Toys 'R' Us, Inc., 132 N.J. 587 (1993), established the framework for sexual harassment hostile environment claims under the NJLAD. The Court held that the conduct must be both objectively hostile (a reasonable person would find it hostile) and subjectively hostile (the plaintiff actually found it hostile). Unlike federal law, the NJLAD does not require that the plaintiff suffer a tangible employment action to maintain a hostile environment claim.

Disability Discrimination and Reasonable Accommodation

The NJLAD's disability provisions are significantly broader than the federal Americans with Disabilities Act (ADA). The NJLAD defines "disability" as any physical disability, infirmity, malformation, or disfigurement caused by bodily injury, birth defect, or illness — including epilepsy, deafness, blindness, and any degree of paralysis. Importantly, the NJLAD does not require that the disability "substantially limit" a major life activity, as the ADA does.

Employers must provide reasonable accommodations to employees with disabilities unless doing so would impose an undue hardship. The interactive process — a good-faith dialogue between employer and employee to identify effective accommodations — is required under the NJLAD. An employer's failure to engage in the interactive process can itself constitute a violation, even if a reasonable accommodation ultimately would not have been possible.

Retaliation

The NJLAD prohibits retaliation against any person who opposes a practice made unlawful by the statute, files a complaint, testifies, or assists in any proceeding under the NJLAD. To establish a retaliation claim, a plaintiff must show: (1) protected activity; (2) an adverse employment action; and (3) a causal connection between the protected activity and the adverse action. New Jersey courts have interpreted "adverse employment action" broadly in the retaliation context to include actions that would dissuade a reasonable employee from making or supporting a discrimination charge.

Filing a Complaint: DCR vs. Superior Court

Complainants have two primary avenues for pursuing NJLAD claims: filing an administrative complaint with the Division on Civil Rights (DCR) or filing a civil lawsuit directly in the Superior Court of New Jersey.

The election of remedies doctrine under the NJLAD generally requires a complainant to choose between the DCR and the courts — filing in one forum typically bars the other. However, the two-year statute of limitations for court actions is significantly longer than the 180-day DCR filing deadline, giving complainants who miss the DCR deadline a second opportunity to pursue relief in court.

Remedies Available Under the NJLAD

The NJLAD provides a comprehensive array of remedies designed to make discrimination victims whole and deter future violations:

• Back Pay:Lost wages and benefits from the date of the discriminatory act to the date of judgment, minus any interim earnings.
• Front Pay:Future lost earnings when reinstatement is not feasible due to a hostile work environment or the elimination of the plaintiff's position.
• Reinstatement:Restoration to the plaintiff's former position or a comparable position.
• Compensatory Damages:Damages for emotional distress, pain and suffering, humiliation, and loss of enjoyment of life. New Jersey courts have upheld substantial emotional distress awards in NJLAD cases.
• Punitive Damages:Available when the defendant's conduct was especially egregious — characterized by actual malice or willful and wanton disregard for the plaintiff's rights. There is no statutory cap on punitive damages under the NJLAD.
• Attorney's Fees:A prevailing plaintiff is entitled to reasonable attorney's fees and costs under N.J.S.A. 10:5-27.1. This fee-shifting provision is a powerful incentive for attorneys to take NJLAD cases on contingency.

Key New Jersey Supreme Court Decisions

New Jersey courts have issued numerous landmark decisions interpreting and expanding the NJLAD. The following cases are foundational to understanding NJ civil rights law:

NJLAD vs. Federal Anti-Discrimination Law: Key Differences

Research NJLAD Cases on JerseyLaw.ai

JerseyLaw.ai's database includes thousands of New Jersey civil rights decisions from the New Jersey Supreme Court, Appellate Division, and Superior Court, as well as federal district court and Third Circuit decisions applying the NJLAD. Use the search tools below to find cases relevant to your situation.