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New Jersey Workplace Discrimination Laws: LAD Guide

Quick Answer: New Jersey’s Law Against Discrimination (LAD) provides the broadest employment discrimination protections in the nation, covering employers with just 1 employee. Protected categories include race, sex, sexual orientation, gender identity, age, disability, religion, and many more. File with Division on Civil Rights within 180 days or file civil suit within 2 years.

New Jersey leads the nation in workplace discrimination protections.

Why New Jersey LAD Is Different

Broadest Coverage

Applies to:

  • All employers with 1+ employees
  • No minimum threshold
  • Broadest in United States

Most Protected Categories

Protects:

  • Race, color, national origin, ancestry
  • Sex, pregnancy, breastfeeding
  • Sexual orientation, gender identity
  • Age (all ages, not just 40+)
  • Disability, perceived disability
  • Religion, creed
  • Marital status, domestic partnership
  • Genetic information
  • Military status
  • Atypical hereditary cellular or blood trait
  • Liability for military service
  • Nationality

No Damages Cap

Remedies include:

  • Back pay and front pay
  • Compensatory damages (uncapped)
  • Punitive damages available
  • Attorney’s fees
  • Emotional distress damages

Types of Discrimination

Race Discrimination

Protections against discrimination based on race, color, national origin, and ancestry.

Sex Discrimination

Includes pregnancy, sexual harassment, and gender-based treatment.

LGBTQ Discrimination

Sexual orientation and gender identity explicitly protected since 2006.

Age Discrimination

LAD protects workers of ALL ages—broader than federal law.

Disability Discrimination

Includes reasonable accommodation requirements and perceived disability.

Religious Discrimination

Religious beliefs, practices, and accommodation requirements.

Pregnancy Discrimination

Explicit protections plus NJ Pregnant Workers Fairness Act.

Filing Discrimination Complaints

Option 1: Division on Civil Rights

DCR complaint:

  • Phone: 973-648-2700
  • 180-day filing deadline
  • Investigation process
  • Administrative remedies

Option 2: Civil Lawsuit

Court action:

  • 2-year statute of limitations
  • Jury trial available
  • Full damages
  • Attorney’s fees

Option 3: EEOC

Federal agency:

  • For federal claims
  • Workshares with DCR
  • 300-day deadline

LAD vs Federal Law

Feature NJ LAD Federal Title VII
Employer size 1+ employees 15+ employees
Age protection All ages 40+ only
LGBTQ Explicit Post-Bostock
Damages cap None Capped
Filing deadline 2 years (court) 300 days

Discrimination Complaint Process

DCR Process

  1. File complaint within 180 days
  2. DCR investigates
  3. Probable cause determination
  4. Settlement or hearing
  5. Final order

Court Process

  1. File within 2 years
  2. Discovery phase
  3. Motion practice
  4. Trial (jury available)
  5. Judgment and damages

Proving Discrimination

Direct Evidence

Examples:

  • Discriminatory statements
  • Written policies
  • Emails showing bias

Circumstantial Evidence

Establish:

  • Protected class membership
  • Qualified for position
  • Adverse action taken
  • Different treatment than others

Common Scenarios

Scenario 1: Small Employer

Situation: Work for 3-person company, facing discrimination.

Analysis: LAD covers 1+ employees. Fully protected.

Scenario 2: Age Under 40

Situation: Age 25, targeted for being “too young.”

Analysis: LAD protects ALL ages, not just 40+.

Scenario 3: Multiple Bases

Situation: Discrimination based on race AND gender.

Analysis: Can file for multiple protected categories.

Employer Defenses

Legitimate Business Reason

Must show:

  • Non-discriminatory reason
  • Consistently applied
  • Not pretextual

Bona Fide Occupational Qualification

Rare exception:

  • Essential job function
  • No alternative available
  • Narrow application

Remedies Available

Economic Damages

May include:

  • Back pay
  • Front pay
  • Lost benefits
  • Out-of-pocket costs

Non-Economic Damages

May include:

  • Emotional distress
  • Pain and suffering
  • Humiliation
  • No cap in New Jersey

Punitive Damages

Available when:

  • Willful conduct
  • Reckless disregard
  • Egregious behavior

Related Topics

Take Action

If facing discrimination:

  1. Document incidents
  2. Report to HR (optional)
  3. Note deadlines (180 days DCR, 2 years court)
  4. Gather evidence
  5. Consult attorney

Legal Disclaimer

This article provides general information about New Jersey discrimination law and is not legal advice. For specific advice, consult a licensed New Jersey employment attorney.

For official information: