Concerns unlawful discrimination and harassment.

A1944

ASSEMBLY, No. 1944

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

SYNOPSIS

���� Concerns unlawful discrimination and harassment.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning unlawful discrimination and
harassment and supplementing and amending P.L.1945, c.169 and amending
P.L.2019, c.39.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� (New section)��� Legislative
findings and declarations concerning unlawful harassment.

���� The Legislature finds and
declares:

���� a.��� The purpose of this
section is to affirm that the right to be free from discrimination in
employment, housing, business relationships, and places of public accommodation
includes the right to be free from unlawful harassment based on any
characteristic protected by the �Law Against Discrimination.�

���� b.��� Among the goals of this
act is to codify the standard for hostile environment harassment claims set
forth in
Lehmann
v.
Toys R Us, Inc.
, 132
N.J.
587 (1993);
Taylor

v.
Metzger
, 152
N.J.
490 (1998);
L.W.
v.
Toms River
Regional Schools Board of Education
, 189
N.J.
381 (2007); and
Justice Ginsburg�s concurrence in
Harris
v.
Forklift Systems
, 510

U.S.
17, 26 (1993) (Ginsburg, J., concurring).

���� c.��� It is the further intent
of the Legislature to disavow interpretations of the standard for hostile
environment harassment claims under the �Law Against Discrimination� found in
decisions such as
Clayton
v.
City of Atlantic City
, 538 Fed.
Appx.

124, 129 (3d Cir. 2013), in which the court held that an incident in which a
supervisor intentionally grabbed an employee�s buttocks did not rise to the
level of severe or pervasive conduct;
Godfrey
v.
Princeton
Theological Seminary
, 196
N.J.
178, 198 (2008), in which the court
held that incidents must be described �in sterile terms, stripped of the
overlay of (the plaintiffs�) subjective reactions to these interactions,�
because, in the court�s view, those reactions were not relevant to �the
determination of whether the conduct is severe or pervasive,� and held that the
alleged harasser�s �repeated and unwelcome behavior was one of the socially
uncomfortable situations that many women encounter in the course of their lives
when someone in whom they are not interested persists in trying to persuade
them otherwise.�;
id.
at 201 (harassing conduct not directed at or
witnessed by plaintiff cannot factor into analysis of a hostile work
environment claim); and
Anastasia
v.
Cushman Wakefield
, 455
Fed.
Appx.
236, 237-240 (3d Cir. 2011), where the court found that no reasonable
jury could find severe or pervasive harassment where: the plaintiff�s superior
informed her that �he was romantically attracted to her and had been for
years,� and then, over that day and the following day, followed her to the
parking lot and gently grabbed her arm, asked her for a photograph of her and
her new boyfriend, and �concocted a pretext to have (the plaintiff) meet him
alone in a break room�; the plaintiff immediately took a temporary leave of
absence, while her superior continued to call and send emails and text messages
to her, despite her repeated statements that his further contact was unwanted;
and the plaintiff refused to return to work when her employer refused to create
an arrangement under which she would not ultimately have to report to the
alleged harasser, and her employer terminated her while she was out on leave,
but treated the action as a voluntary resignation.

���� d.��� It is not the intent of
the Legislature, by enacting this law, to disavow, repudiate or supplant any
other established doctrines regarding sexual harassment or unlawful harassment,
including: (1) quid pro quo sexual harassment, which exists separately from
hostile environment sexual harassment; or (2) business relationship liability,
consistent with subsection l. of section 11 of P.L.1945, c.169 (C.10:5-12)
and
J.T.�s Tire Service, Inc.
v.
United Rentals North America, Inc.
,
411
N.J. Super.
236 (App. Div. 2010).

���� 2.��� (New section) Unlawful
harassment; standard; interpretation.

���� a.��� It shall be unlawful
discrimination in violation of P.L.1945, c.169 (C.10:5-1 et seq.) for a
person or entity to subject an individual, because of sex or any other
characteristic of the individual protected under section 11 of P.L.1945, c.169
(C.10:5-12), to unlawful harassment.

���� b.��� In order to state a
claim for unlawful harassment based on a hostile work environment under
P.L.1945, c.169 (C.10:5-1 et seq.), a complainant shall show conduct that
occurred because of sex or any other characteristic of the individual protected
under section 11 of P.L.1945, c.169 (C.10:5-12), which a reasonable person in
the complainant�s protected class would find to be sufficiently severe or
pervasive so as to alter the conditions of employment and create an
intimidating, hostile, or offensive work environment. When a violation of this
subsection occurs in a workplace, it shall also be an unlawful employment
practice.

���� (1)� The following standards
shall guide the determination of whether a violation of this subsection has
occurred:

���� (a)�� A determination of
whether the harassing conduct was sufficiently severe or pervasive to create an
intimidating, hostile, or offensive work environment shall be based upon the
totality of the circumstances. In evaluating the severity or pervasiveness of the
alleged harassing conduct, the cumulative effect of all incidents of harassing
conduct shall be considered as a whole rather than considering individual
incidents in isolation, provided, however,

that a single incident of harassing
conduct may be sufficiently severe to create a triable issue of fact regarding
the existence of an intimidating, hostile, or offensive work environment. De
minimis incidents such as petty slights or trivial inconveniences shall not by
themselves be actionable under this act, provided however that a court shall
consider all evidence, including de minimis or isolated incidents, when
evaluating the totality of the circumstances.

���� (b)� A determination of
whether harassing conduct is sufficiently severe or pervasive so as to create
an intimidating, hostile, or offensive work environment shall include a
consideration of whether a reasonable person in complainant�s protected class
would consider the conduct to be sufficiently severe or pervasive to alter the
conditions of employment, provided that a complainant�s subjective responses to
the harassing conduct shall be considered as part of the totality of the
circumstances that are relevant to whether a reasonable person belonging to the
same protected class would consider the conduct to be sufficiently severe or
pervasive to alter the conditions of employment. In addition, the complainant�s
knowledge of harassment directed to others may be relevant to evaluating
whether a hostile work environment exists, whether or not the complainant
witnessed the harassing conduct.

���� (c)�� For purposes of this
section, harassing conduct may include but not be limited to physical contact
or gestures, threats, abusive or offensive language, damage to or interference
with personal property, or offensive written or verbal communications or comments,
whether such conduct is of a sexual nature or otherwise. Harassing conduct
shall not be construed to require physical contact to qualify as severe or
pervasive.

���� (d)� It shall not be necessary
to demonstrate loss of tangible job benefits to establish a violation of this
subsection, nor shall it be necessary for the complainant to prove that the
complainant�s tangible productivity declined because of the harassing conduct.

���� (2)� The following standards
shall be applicable for assessing employer liability for hostile work
environment harassment pursuant to a negligence theory under P.L.1945, c.169
(C.10:5-1 et seq.):

���� (a)�� An employer shall be
liable for the unlawful harassment if the entity, or its agents or supervisors,
knew or should have known of the harassing conduct and failed to take
appropriate preventive or corrective action.

���� (b)� An employer may be held
responsible for the harassing conduct of non-employees if the entity, or its
agents or supervisors, knew or should have known of the conduct and failed to
take appropriate preventive or corrective action. However, in reviewing cases
involving the acts of non-employees, consideration shall be given to the extent
of the entity�s control and any other responsibility that the entity may have
with respect to the conduct of those non-employees.

���� (c)�� Nothing in this
subsection shall be deemed to in any way alter the standard for imposing direct
or vicarious liability on the employer for the harassing acts of supervisors or
superiors.

���� (3)� For purposes of claims
brought under this subsection alleging that an employer committed a violation
of this section, the definition of �employer� shall include: any person who
employs an individual to perform domestic work in their private residence; who
employs an individual to perform domestic work in the private residence of a
family member; or who is 18 years of age or older and resides in a private
residence in which an individual performs domestic work. For purposes of such
claims brought by an employee who performs domestic work, it shall also be an
unlawful employment practice for an employer to allow any family member or
member of their household, regardless of age, to engage in unlawful harassment
based on any other category protected by this subsection, or for an employer to
keep or request to keep permanent or continuing possession of the employee�s
passport or other identifying documents.

���� c.��� (1) �The standard for
assessing an unlawful harassment claim under P.L.1945, c.169 (C.10:5-1 et seq.)
alleging an intimidating, hostile, or offensive environment in housing or a
place of public accommodation, including a school, shall be equivalent to the
standard set forth in paragraph (1) of subsection b. of this section, but shall
include consideration of whether the harassment created an intimidating,
hostile, or offensive environment in housing, school, or other place of public
accommodation.

���� (2)� The standard for
assessing liability of an entity for an unlawful harassment claim under
P.L.1945, c.169 (C.10:5-1 et seq.) alleging an intimidating, hostile, or
offensive environment in housing or a place of public accommodation, including
a school, shall be equivalent to the standard set forth in paragraph (2) of
subsection b. of this section, but shall include consideration of whether the
entity took appropriate preventive or corrective action in the applicable
setting of housing, a school, or other place of public accommodation.

���� (3)� The standard for
assessing liability of an entity for an unlawful harassment claim under
P.L.1945, c.169 (C.10:5-1 et seq.) alleging an intimidating, hostile, or
offensive work environment in the context of a business relationship brought
pursuant to subsection l. of section 11 of P.L.1945, c.169 (C.10:5-12), shall
be equivalent to the standard set forth in paragraph (2) of subsection b. of
this section.

���� 3.��� (New section)� Mandatory
workplace policies on unlawful discrimination and harassment, including sexual
harassment.

���� a.��� For purposes of this
section, the terms �discrimination� and �harassment� refer to unlawful
discrimination or harassment of an individual because of any characteristic of
the individual protected by subsection a. of section 11 of P.L.1945, c.169
(C.10:5-12).

���� b.��� Within one year of the
date of enactment of P.L.��� �, c. ����(C. )
(pending before the Legislature as this bill), all employers shall adopt a
written nondiscrimination policy that establishes policies and procedures
concerning unlawful discrimination and harassment, including sexual harassment,
in the workplace which is applicable to all employees in their interactions
with each other and with vendors, suppliers, customers, clients, and patrons,
and which shall include, at a minimum, the following:

���� (1)� a statement that unlawful
discrimination or harassment in the workplace will not be tolerated and are
considered a form of employee misconduct, and that sanctions will be enforced
against individuals engaging in unlawful discrimination or harassment and against
supervisory and managerial personnel who knowingly allow such behavior to
continue;

���� (2)� a definition of unlawful
discrimination and unlawful harassment in employment;

���� (3)� examples of
discriminatory and harassing behaviors prohibited by the policy;

���� (4)� a description of the
process for filing internal complaints about such discrimination or harassment
and the complete contact information of the person or persons to whom
complaints should be made;

���� (5)� directions as to how to
contact the division if a person believes their rights were violated;

���� (6)� the statute of
limitations periods applicable to filing a claim of unlawful discrimination and
harassment under P.L.1945, c.169 (C.10:5-1 et seq.);

���� (7)� a prohibition on
retaliation against those who disclose, report, participate in an investigation
of, or otherwise challenge such discrimination or harassment;

���� (8)� examples of retaliatory
behaviors prohibited by the policy;

���� (9)� a description of
potential consequences for violating the policy; and

���� (10)� a statement of the
employer�s commitment to conducting prompt, thorough, and impartial
investigations of complaints of such discrimination or harassment.

���� c.��� All employers shall
disseminate the policy required in subsection b. of this section at least once
annually to all employees, and to each employee:

���� (1)� at the beginning of their
employment;

���� (2)� who complains internally
about a violation of the policy, at the time such complaint is made;

���� (3)� who is interviewed by the
employer or the employer�s designee in connection with any investigation of any
complaint about a violation of the policy, prior to or at the time of such
interview; and

���� (4)� whenever any updates to
the policy are made.

���� d.��� All employers shall
review the policy at least annually to ensure that it complies with this
section and other applicable laws and regulations.

���� e.��� All employers shall make
the policy available in English, Spanish and any language spoken by an employee
who does not speak English as their primary language and who has a limited
ability or no ability to read, speak, write, or understand English, if the
division has made the model policy described in paragraph (1) of subsection f.
of this section available in that language.

���� f.���� The division shall,
within six months of the date of enactment of this act, at a minimum:

���� (1)� create one model
nondiscrimination policy that satisfies the requirements of subsection b. of
this section and that can be adopted by employers with fewer than 50 employees
if they choose;

���� (2)� create one model domestic
work anti-harassment policy designed for use by any person who employs an
individual to perform domestic work. That model policy shall include, but not
be limited to, a definition of unlawful harassment, examples of harassing behaviors
prohibited by the policy, the identity and role of the division, directions for
how to contact the division, a description of unlawful retaliation, examples of
retaliatory behaviors prohibited by the policy, and the applicable statute of
limitations periods for bringing a claim under P.L.1945, c.169 (C.10:5-1 et
seq.); and

���� (3)� make the model policies
required by paragraphs (1) and (2) of this subsection available at no cost on
the division�s website in English, Spanish, and any other language deemed
appropriate by the director, based on the size of the New Jersey state population
that speaks each language and any other factor that the director shall deem
relevant.

���� g.��� Employers with fewer
than 50 employees may comply with:

���� (1)� subsection b. of this
section by adopting the model nondiscrimination policy promulgated by the
division pursuant to paragraph (1) of subsection f. of this section and adding
the complete contact information of the person or persons to whom complaints should
be made;

���� (2)� subsection c. of this
section by distributing the model nondiscrimination policy promulgated by the
division pursuant to paragraph (1) of subsection f. of this section to each
employee:

���� (a)�� at the beginning of
their employment;

���� (b)� at least once annually;

���� (c)�� who complains internally
about a violation of the policy, at the time such complaint is made;

���� (d)� who is interviewed by the
employer or the employer�s designee in connection with any investigation of any
complaint about a violation of the policy, prior to or at the time of such
interview; and

���� (e)�� whenever any updates to
the policy are made;

���� (3)� subsection d. of this
section by ensuring that they adopt the version of the model nondiscrimination
policy promulgated by the division pursuant to paragraph (1) of subsection f.
of this section in force at the time those employers conduct their annual review;
and

���� (4)� subsection e. of this
section by providing a printed copy of the model nondiscrimination policy
promulgated by the division pursuant to paragraph (1) of subsection f. of this
section:

���� (a)�� in English; or

���� (b)� in the language that an
employee identifies as their primary language, if such employee has a limited
ability or no ability to read, speak, write, or understand English and if the
division has made the model policy available in that employee�s primary language.

���� (5)� Nothing in this
subsection shall be interpreted as requiring an employer with fewer than 50
employees to adopt the model nondiscrimination policy promulgated by the
division pursuant to paragraph (1) of subsection f. of this section rather than
adopting its own policy that meets the requirements outlined in subsections b.,
c., d., and e. of this section.

���� h.��� In addition to the
requirements in subsections b., c., d., and e. of this section, employers with
50 or more employees shall:

���� (1)� in addition to the
content requirements outlined in subsection b. of this section, customize their
policy to their specific workplace and industry by, at a minimum, including:

���� (a)�� multiple channels
through which an employee may report unlawful discrimination or harassment; and

���� (b)� a general description of
the process by which the employer will conduct prompt, thorough, and impartial
investigations and respond to complaints regarding such discrimination or
harassment.

���� (2)� In addition to the
dissemination requirements outlined in subsection c. of this section:

���� (a)�� post the policy in a
prominent location on the employer�s website, provided, however, that nothing
in this subsection shall require an employer to create or maintain a website
for the sole purpose of posting the policy thereon; and

���� (b)� disseminate the policy to
any employee upon that employee�s promotion.

���� (3)� In addition to the
translation requirements outlined in subsection e. of this section, translate
the nondiscrimination policy required by subsection b. of this section into any
language identified by an employee as their primary language, if such employee
does not speak English as their primary language and has a limited ability or
no ability to read, speak, write, or understand English.

���� i.���� Any person who employs
an individual to perform domestic work in their private residence or in the
private residence of a family member is encouraged, at the time of any such
hire and at least once annually, to provide to such individual a printed copy of
the model domestic work anti-harassment policy promulgated by the division
pursuant to paragraph (2) of subsection f. of this section.

���� j.���� For purposes of this
section, an employer has 50 or more employees if such employer employs 50 or
more employees, whether employed in New Jersey or not, for each work day during
each of 20 or more calendar workweeks in the then current or immediately preceding
calendar year.

���� k.��� Notwithstanding any
other provision of P.L.1945, c.169 (C.10:5-1 et seq.), nothing in this section
shall be construed to permit a private person to file a complaint with the
division or initiate an action in superior court alleging a violation of
P.L.1945, c.169 (C.10:5-1 et seq.) because of any failure to comply with
the provisions of this section. However, the Attorney General or the director
may enforce violations of this section and may pursue any penalty or remedy
available under P.L.1945, c.169 (C.10:5-1 et seq.) in doing so. An employer�s
compliance with this section, or use of materials provided for herein, shall
not, in and of itself, protect the employer from liability under this act.

���� 4.��� (New section)��� Mandatory
workplace training on unlawful discrimination and harassment, including sexual
harassment.

���� a.��� For purposes of this
section, the terms �discrimination� and �harassment� refer to unlawful
discrimination or harassment against an individual because of any
characteristic of the individual protected by subsection a. of section 11 of
P.L.1945, c.169 (C.10:5-12).

���� b.��� Beginning one year from
the effective date of P.L.��� �, c (C. )
(pending before the Legislature as this bill), all employers shall provide
interactive training to all employees other than those employees covered by
subsection c. of this section on the nondiscrimination policy required by
section 3 of P.L.��� �, c. (C. )
(pending before the Legislature as this bill), regarding the prevention of
unlawful discrimination and harassment, including sexual harassment, in the
workplace. The training shall be provided to all new employees within 90 days
of initial hire, and to all employees at least once every two years. Such
training shall include, at minimum:

���� (1)� A statement that unlawful
discrimination or harassment in the workplace will not be tolerated and are
considered a form of employee misconduct, and that sanctions will be enforced
against individuals engaging in discrimination or harassment and against supervisory
and managerial personnel who knowingly allow such behavior to continue;

���� (2)� A definition of unlawful
discrimination and unlawful harassment in employment;

���� (3)� Examples of
discriminatory and harassing behaviors prohibited by the nondiscrimination
policy adopted by the employer pursuant to section 3 of P.L.��� �, c. ��������(C.�������
) (pending before the Legislature as this bill);

���� (4)� A description of the
process for filing internal complaints about such discrimination or harassment;

���� (5)� Directions as to how to
contact the division if a person believes their rights were violated;

���� (6)� A description of the
prohibition on retaliation against those who disclose, report, participate in
an investigation of, or otherwise challenge such discrimination or harassment;

���� (7)� Examples of retaliatory
behaviors prohibited by the nondiscrimination policy adopted by the employer
pursuant to section 3 of P.L.��� �, c. ��������(C.������� ) (pending before the
Legislature as this bill); and

���� (8)� Information concerning
bystander intervention.

���� c.��� Beginning one year from
the effective date of P.L.��� �, c. ����(C. )
(pending before the Legislature as this bill), all employers shall provide
interactive training to all supervisory employees regarding the prevention of
unlawful discrimination and harassment in the workplace at least once every two
years and shall provide such training to all new supervisory employees within
90 days of initial hire or promotion. Such training shall include, at minimum:

���� (1)� the topics required by
paragraphs (1) through (8) of subsection b. of this section;

���� (2)� the specific
responsibilities of a supervisor regarding the prevention of discrimination and
harassment;

���� (3)� the specific
responsibilities of a supervisor regarding the prohibitions against
retaliation; and

���� (4)� measures and corrective
actions supervisors may take to appropriately address complaints and instances
of discrimination, harassment, and retaliation.

���� d.��� All employers shall keep
a record of their employees� completion of all trainings required by
subsections b. and c. of this section. Such records may be electronic.
Employers shall maintain such records for at least three years and such records
must be made available for division inspection upon request.

���� e.��� All employers shall
review the trainings required by subsections b. and c. of this section at least
annually to ensure that they comply with this section and with other applicable
laws and regulations.

���� f.���� All employers shall
make the trainings required by subsections b. and c. of this section available:

���� (1)� in English; and

���� (2)� in any language spoken by
an employee who does not speak English as their primary language and who has a
limited ability or no ability to read, speak, write, or understand English, if
the division has made the training described in subsection g. of this section
available in that language.

���� g.��� In addition to any other
actions the division may undertake, it shall, within six months of enactment of
P.L.��� �, c. ��������(C.������� ) (pending before the Legislature as this
bill):

���� (1)� develop an online,
one-hour training module that satisfies the requirements of subsection b. of
this section and that can be used by employers with fewer than 50 employees if
they choose;

���� (2)� develop an online,
two-hour training module that satisfies the requirements of subsection c. of
this section and that can be used by employers with fewer than 50 employees if
they choose; and

���� (3)� make the training modules
required by paragraphs (1) and (2) of this subsection available at no cost on
the division�s website in English, Spanish, and any other language deemed
appropriate by the director, based on the size of the New Jersey state population
that speaks each language and any other factor that the director shall deem
relevant.

���� h.��� Employers with fewer
than 50 employees may comply with the requirements of subsections b. and c. of
this section by requiring their employees to view the model nondiscrimination
trainings promulgated by the division pursuant to subsection g. of this section.
For any employer that chooses to utilize the model trainings promulgated by the
division pursuant to subsection g. of this section, they may also comply with
the requirements of:

���� (1)� subsection e. of this
section by ensuring that they utilize the version of the model
nondiscrimination training promulgated by the division pursuant to subsection
g. of this section in force at the time such training is given; and

���� (2)� subsection f. of this
section by directing each employee to the model nondiscrimination trainings
made available on the division�s website pursuant to subsection g. of this
section in English, Spanish, and any other languages deemed appropriate by the
director.

���� Nothing in this section shall
be interpreted as requiring an employer with fewer than 50 employees to utilize
the model nondiscrimination training promulgated by the division pursuant to
subsection g. of this section rather than adopting their own nondiscrimination
training that meets the minimum requirements outlined in subsections b. and c.
of this section.

���� i.���� Employers with 50 or
more employees shall provide the trainings required by subsections b. and c. of
this section in a live, in-person setting where participants can ask questions.
They may not comply with the requirements of this section by using the model
nondiscrimination training promulgated by the division. Such employers shall
also provide interpretation at the trainings required by subsections b. and c.
of this section for any employee who does not speak English as their primary
language and has a limited ability or no ability to read, speak, write, or
understand English.

���� j.���� For purposes of this
section, an employer has 50 or more employees if such employer employs 50 or
more employees, whether employed in New Jersey or not, for each work day during
each of 20 or more calendar workweeks in the then current or immediately preceding
calendar year.

���� k.��� For purposes of this
section, �interactive training� means that the training must be participatory.
However, except where explicitly required herein, such �interactive training�
is not required to be live or facilitated by an in-person instructor in order
to satisfy the provisions of this section.

���� l.���� The training required
by this section is intended to establish a minimum threshold and should not
discourage any employer from providing for longer, more frequent, or more
elaborate training regarding workplace harassment or other forms of unlawful
discrimination.

���� m.�� Notwithstanding any other
provision of P.L.1945, c.169 (C.10:5-1 et seq.), nothing in this section shall
be construed to permit a private person to file a complaint with the division
or initiate an action in superior court alleging a violation of P.L.1945, c.169
(C.10:5-1 et seq.), because of any failure to comply with the provisions of
this section. However, the Attorney General or the director may enforce
violations of this section and may pursue any penalty or remedy available under
P.L.1945, c.169 (C.10:5-1 et seq.), in doing so. An employer�s compliance with
this section, or use of materials provided for herein, shall not, in and of
itself, protect the employer from liability for unlawful discrimination or
harassment under this act.

���� 5.��� (New section)��� Mandatory
reporting on unlawful employment discrimination and harassment, including
sexual harassment.

���� a.��� For purposes of this
section, the terms �discrimination� and �harassment� refer to unlawful
discrimination or harassment against an individual because of any
characteristic of the individual protected by subsection a. of section 11 of
P.L.1945, c.169 (C.10:5-12).

���� b.��� Beginning one year after
the date of enactment of this act, employers with 50 or more employees shall be
required to collect and annually report to the division the following data on
complaints received regarding unlawful workplace discrimination or harassment,
including sexual harassment, using the form created and made available on the
division�s website pursuant to subsection e. of this section for that purpose:
the total number of complaints filed; the number of complaints filed that were
found by the employer to be substantiated; the number of complaints filed that
were found by the employer to be unsubstantiated; the number of complaints
filed whose resolution is still pending.

���� c.��� The data submitted for
each of the categories in subsection b. of this section shall be broken down by
how many such complaints involved allegations of unlawful discrimination,
harassment, or retaliation, as well as by the protected class or classes that
the complainant alleged.

���� d.��� Employers shall be
required to maintain any records related to the complaints reported to the
division pursuant to subsections b. and c. of this section for at least three
years and such records must be made available for division inspection upon
request.

���� e.��� The division shall,
within six months of the date of enactment of this act, create a form to be
used by employers when submitting the data required to be reported under
subsections b. and c. of this section. The division shall make such form
available at no cost on its website.

���� f.���� For purposes of this
section, an employer has 50 or more employees if such employer employs 50 or
more employees, whether employed in New Jersey or not, for each work day during
each of 20 or more calendar workweeks in the then current or immediately preceding
calendar year.

���� g.��� Notwithstanding any
other provision of P.L.1945, c.169 (C.10:5-1 et seq.), nothing in this section
shall be construed to permit a private person to file a complaint with the
division or initiate an action in superior court alleging a violation of
P.L.1945, c.169 (C.10:5-1 et seq.) because of any failure to comply with
the provisions of this section. However, the Attorney General or the director
may enforce violations of this section and may pursue any penalty or remedy
available under P.L.1945, c. 169 (C.10:5-1 et seq.), in doing so. An employer�s
compliance with this section, or use of materials provided for herein, shall
not, in and of itself, protect the employer from liability for unlawful
discrimination or harassment under this act.

���� 6.��� Section 5 of P.L.1945,
c.169 (C.10:5-5) is amended to read as follows:

���� 5.��� As used in P.L.1945,
c.169 (C.10:5-1 et seq.), unless a different meaning clearly appears from the
context:

���� a.��� �Person� includes one or
more individuals, partnerships, associations, organizations, labor
organizations, corporations, legal representatives, trustees, trustees in
bankruptcy, receivers, and fiduciaries.

���� b.��� �Employment agency�
includes any person undertaking to procure employees or opportunities for
others to work.

���� c.��� �Labor organization�
includes any organization which exists and is constituted for the purpose, in
whole or in part, of collective bargaining, or of dealing with employers
concerning grievances, terms or conditions of employment, or of other mutual
aid or protection in connection with employment.

���� d.��� �Unlawful employment
practice� and �unlawful discrimination� include only those unlawful practices
and acts specified in section 11 of P.L.1945, c.169 (C.10:5-12)
, and
practices and acts determined, pursuant to section 2 of
P.L. , c. (C.�� ) (pending
before the Legislature as this bill) to constitute unlawful harassment
.

���� e.��� �Employer� includes all
persons as defined in subsection a. of this section unless otherwise
specifically exempt under another section of P.L.1945, c.169 (C.10:5-1 et
seq.), and includes the State, any political or civil subdivision thereof, and
all public officers, agencies, boards, or bodies
; provided, however, that
employing any person to perform domestic work in an individual�s home or the
home of an individual�s family member shall not qualify the individual as an
employer, except as set forth in subsections a. and r. of section 11 of
P.L.1945, c.169 (C.10:5-12)
.

���� f.���� �Employee�
[
does not
include any individual employed in the domestic service of any person
]

includes
all individuals employed by an employer, without regard to whether any such
individual, including an intern, performs such services in exchange for a
salary or wage; provided, however, that nothing in this subsection shall be
construed to alter the definition of employee under any other law or regulation
other than for purposes of P.L.1945, c.169 (C.10:5-1 et seq.)
.

���� g.��� �Liability for service
in the Armed Forces of the United States� means subject to being ordered as an
individual or member of an organized unit into active service in the Armed
Forces of the United States by reason of membership in the National Guard, naval
militia or a reserve component of the Armed Forces of the United States, or
subject to being inducted into such armed forces through a system of national
selective service.

���� h.��� �Division� means the
�Division on Civil Rights� created by P.L.1945, c.169 (C.10:5-1 et seq.).

���� i.���� �Attorney General�
means the Attorney General of the State of New Jersey or the Attorney General�s
representative or designee.

���� j.���� �Commission� means the
Commission on Civil Rights created by P.L.1945, c.169 (C.10:5-1 et seq.).

���� k.��� �Director� means the
Director of the Division on Civil Rights.

���� l.���� �A place of public
accommodation� shall include, but not be limited to: any tavern, roadhouse,
hotel, motel, trailer camp, summer camp, day camp, or resort camp, whether for
entertainment of transient guests or accommodation of those seeking health,
recreation, or rest; any producer, manufacturer, wholesaler, distributor,
retail shop, store, establishment, or concession dealing with goods or services
of any kind; any restaurant, eating house, or place where food is sold for
consumption on the premises; any place maintained for the sale of ice cream,
ice and fruit preparations or their derivatives, soda water or confections, or
where any beverages of any kind are retailed for consumption on the premises;
any garage, any public conveyance operated on land or water or in the air or
any stations and terminals thereof; any bathhouse, boardwalk, or seashore
accommodation; any auditorium, meeting place, or hall; any theatre,
motion-picture house, music hall, roof garden, skating rink, swimming pool,
amusement and recreation park, fair, bowling alley, gymnasium, shooting
gallery, billiard and pool parlor, or other place of amusement; any comfort
station; any dispensary, clinic, or hospital; any public library; and any
kindergarten, primary and secondary school, trade or business school, high
school, academy, college and university, or any educational institution under
the supervision of the State Board of Education or the Commissioner of
Education of the State of New Jersey. Nothing herein contained shall be construed
to include or to apply to any institution, bona fide club, or place of
accommodation, which is in its nature distinctly private; nor shall anything
herein contained apply to any educational facility operated or maintained by a
bona fide religious or sectarian institution, and the right of a natural parent
or one in loco parentis to direct the education and upbringing of a child under
his is hereby affirmed; nor shall anything herein contained be construed to bar
any private secondary or post-secondary school from using in good faith
criteria other than race, creed, color, national origin, ancestry, gender
identity or expression or affectional or sexual orientation in the admission of
students.

���� m.�� �A publicly assisted
housing accommodation� shall include all housing built with public funds or
public assistance pursuant to P.L.1949, c.300, P.L.1941, c.213, P.L.1944,
c.169, P.L.1949, c.303, P.L.1938, c.19, P.L.1938, c.20, P.L.1946, c.52, and
P.L.1949, c.184, and all housing financed in whole or in part by a loan,
whether or not secured by a mortgage, the repayment of which is guaranteed or
insured by the federal government or any agency thereof.

���� n.��� The term �real property�
includes real estate, lands, tenements and hereditaments, corporeal and
incorporeal, and leaseholds, provided, however, that, except as to publicly
assisted housing accommodations, the provisions of this act shall not apply to
the rental: (1) of a single apartment or flat in a two-family dwelling, the
other occupancy unit of which is occupied by the owner as a residence; or (2)
of a room or rooms to another person or persons by the owner or occupant of a
one-family dwelling occupied by the owner or occupant as a residence at the
time of such rental. Nothing herein contained shall be construed to bar any
religious or denominational institution or organization, or any organization
operated for charitable or educational purposes, which is operated, supervised,
or controlled by or in connection with a religious organization, in the sale,
lease, or rental of real property, from limiting admission to or giving
preference to persons of the same religion or denomination or from making such
selection as is calculated by such organization to promote the religious
principles for which it is established or maintained. Nor does any provision
under this act regarding discrimination on the basis of familial status apply
with respect to housing for older persons.

���� o.��� �Real estate broker�
includes a person, firm, or corporation who, for a fee, commission, or other
valuable consideration, or by reason of promise or reasonable expectation
thereof, lists for sale, sells, exchanges, buys or rents, or offers or attempts
to negotiate a sale, exchange, purchase, or rental of real estate or an
interest therein, or collects or offers or attempts to collect rent for the use
of real estate, or solicits for prospective purchasers or assists or directs in
the procuring of prospects or the negotiation or closing of any transaction
which does or is contemplated to result in the sale, exchange, leasing,
renting, or auctioning of any real estate, or negotiates, or offers or attempts
or agrees to negotiate a loan secured or to be secured by mortgage or other
encumbrance upon or transfer of any real estate for others; or any person who,
for pecuniary gain or expectation of pecuniary gain conducts a public or
private competitive sale of lands or any interest in lands. In the sale of
lots, the term �real estate broker� shall also include any person, partnership,
association, or corporation employed by or on behalf of the owner or owners of
lots or other parcels of real estate, at a stated salary, or upon a commission,
or upon a salary and commission or otherwise, to sell such real estate, or any
parts thereof, in lots or other parcels, and who shall sell or exchange, or
offer or attempt or agree to negotiate the sale or exchange, of any such lot or
parcel of real estate.

���� p.��� �Real estate
salesperson� includes any person who, for compensation, valuable consideration
or commission, or other thing of value, or by reason of a promise or reasonable
expectation thereof, is employed by and operates under the supervision of a
licensed real estate broker to sell or offer to sell, buy or offer to buy or
negotiate the purchase, sale, or exchange of real estate, or offers or attempts
to negotiate a loan secured or to be secured by a mortgage or other encumbrance
upon or transfer of real estate, or to lease or rent, or offer to lease or rent
any real estate for others, or to collect rents for the use of real estate, or
to solicit for prospective purchasers or lessees of real estate, or who is
employed by a licensed real estate broker to sell or offer to sell lots or
other parcels of real estate, at a stated salary, or upon a commission, or upon
a salary and commission, or otherwise to sell real estate, or any parts
thereof, in lots or other parcels.

���� q.��� �Disability� means
physical or sensory disability, infirmity, malformation, or disfigurement which
is caused by bodily injury, birth defect, or illness including epilepsy and
other seizure disorders, and which shall include, but not be limited to, any degree
of paralysis, amputation, lack of physical coordination, blindness or visual
impairment, deafness or hearing impairment, muteness or speech impairment, or
physical reliance on a service or guide dog, wheelchair, or other remedial
appliance or device, or any mental, psychological, or developmental disability,
including autism spectrum disorders, resulting from anatomical, psychological,
physiological, or neurological conditions which prevents the typical exercise
of any bodily or mental functions or is demonstrable, medically or
psychologically, by accepted clinical or laboratory diagnostic techniques.
Disability shall also mean AIDS or HIV infection.

���� r.���� �Blind person� or
�person who is blind� means any individual whose central visual acuity does not
exceed 20/200 in the better eye with correcting lens or whose visual acuity is
better than 20/200 if accompanied by a limit to the field of vision in the better
eye to such a degree that its widest diameter subtends an angle of no greater
than 20 degrees.

���� s.���� �Guide dog� means a dog
used to assist persons who are deaf, or which is fitted with a special harness
so as to be suitable as an aid to the mobility of a person who is blind, and is
used by a person who is blind and has satisfactorily completed a specific
course of training in the use of such a dog, and has been trained by an
organization generally recognized by agencies involved in the rehabilitation of
persons with disabilities, including, but not limited to, those persons who are
blind or deaf, as reputable and competent to provide dogs with training of this
type.

���� t.���� �Guide or service dog
trainer� means any person who is employed by an organization generally
recognized by agencies involved in the rehabilitation of persons with
disabilities, including, but not limited to, those persons who are blind, have
visual impairments, or are deaf or have hearing impairments, as reputable and
competent to provide dogs with training, as defined in this section, and who is
actually involved in the training process.

���� u.��� �Housing accommodation�
means any publicly assisted housing accommodation or any real property, or
portion thereof, which is used or occupied, or is intended, arranged, or
designed to be used or occupied, as the home, residence, or sleeping place of
one or more persons, but shall not include any single family residence the
occupants of which rent, lease, or furnish for compensation not more than one
room therein.

���� v.��� �Public facility� means
any place of public accommodation and any street, highway, sidewalk, walkway,
public building, and any other place or structure to which the general public
is regularly, normally, or customarily permitted or invited.

���� w.�� �Deaf person� or �person
who is deaf� means any person whose hearing is so severely impaired that the
person is unable to hear and understand conversational speech through the
unaided ear alone, and who must depend primarily on an assistive listening device
or visual communication such as writing, lip reading, sign language, and
gestures.

���� x.��� �Atypical hereditary
cellular or blood trait� means sickle cell trait, hemoglobin C trait,
thalassemia trait, Tay-Sachs trait, or cystic fibrosis trait.

���� y.��� �Sickle cell trait�
means the condition wherein the major natural hemoglobin components present in
the blood of the individual are hemoglobin A (normal) and hemoglobin S (sickle
hemoglobin) as defined by standard chemical and physical analytic techniques,
including electrophoresis; and the proportion of hemoglobin A is greater than
the proportion of hemoglobin S or one natural parent of the individual is shown
to have only normal hemoglobin components (hemoglobin A, hemoglobin A2,
hemoglobin F) in the normal proportions by standard chemical and physical
analytic tests.

���� z.��� �Hemoglobin C trait�
means the condition wherein the major natural hemoglobin components present in
the blood of the individual are hemoglobin A (normal) and hemoglobin C as
defined by standard chemical and physical analytic techniques, including
electrophoresis; and the proportion of hemoglobin A is greater than the
proportion of hemoglobin C or one natural parent of the individual is shown to
have only normal hemoglobin components (hemoglobin A, hemoglobin A2, hemoglobin
F) in normal proportions by standard chemical and physical analytic tests.

���� aa.�� �Thalassemia trait�
means the presence of the thalassemia gene which in combination with another
similar gene results in the chronic hereditary disease Cooley�s anemia.

���� bb.� �Tay-Sachs trait� means
the presence of the Tay-Sachs gene which in combination with another similar
gene results in the chronic hereditary disease Tay-Sachs.

���� cc.�� �Cystic fibrosis trait�
means the presence of the cystic fibrosis gene which in combination with
another similar gene results in the chronic hereditary disease cystic fibrosis.

���� dd.� �Service dog� means any
dog individually trained to the requirements of a person with a disability
including, but not limited to minimal protection work, rescue work, pulling a
wheelchair or retrieving dropped items. This term shall include a �seizure dog�
trained to alert or otherwise assist persons with epilepsy or other seizure
disorders.

���� ee.�� �Qualified Medicaid
applicant� means an individual who is a qualified applicant pursuant to
P.L.1968, c.413 (C.30:4D-1 et seq.).

���� ff.�� �AIDS� means acquired
immune deficiency syndrome as defined by the Centers for Disease Control and
Prevention of the United States Public Health Service.

���� gg.� �HIV infection� means
infection with the human immunodeficiency virus or any other related virus
identified as a probable causative agent of AIDS.

���� hh.� �Affectional or sexual
orientation� means male or female heterosexuality, homosexuality, or
bisexuality by inclination, practice, identity, or expression, having a history
thereof or being perceived, presumed, or identified by others as having such an
orientation.

���� ii.��� �Heterosexuality� means
affectional, emotional, or physical attraction or behavior which is primarily
directed towards persons of the other gender.

���� jj.��� �Homosexuality� means
affectional, emotional, or physical attraction or behavior which is primarily
directed towards persons of the same gender.

���� kk.� �Bisexuality� means
affectional, emotional, or physical attraction or behavior which is directed
towards persons of either gender.

���� ll.��� �Familial status� means
being the natural parent of a child, the adoptive parent of a child, the
resource family parent of a child, having a �parent and child relationship�
with a child as defined by State law, or having sole or joint legal or physical
custody, care, guardianship, or visitation with a child, or any person who is
pregnant or is in the process of securing legal custody of any individual who
has not attained the age of 18 years.

���� mm.� �Housing for older
persons� means housing:

���� (1)� provided under any State
program that the Attorney General determines is specifically designed and
operated to assist persons who are elderly (as defined in the State program);
or provided under any federal program that the United States Department of Housing
and Urban Development determines is specifically designed and operated to
assist persons who are elderly (as defined in the federal program); or

���� (2)� intended for, and solely
occupied by, persons 62 years of age or older; or

���� (3)� intended and operated for
occupancy by at least one person 55 years of age or older per unit. In
determining whether housing qualifies as housing for older persons under this
paragraph, the Attorney General shall adopt regulations which require at least the
following factors:

���� (a)�� the existence of
significant facilities and services specifically designed to meet the physical
or social needs of older persons, or if the provision of such facilities and
services is not practicable, that such housing is necessary to provide
important housing opportunities for older persons; and

���� (b)� that at least 80 percent
of the units are occupied by at least one person 55 years of age or older per
unit; and

���� (c)�� the publication of, and
adherence to, policies and procedures which demonstrate an intent by the owner
or manager to provide housing for persons 55 years of age or older.

���� Housing shall not fail to meet
the requirements for housing for older persons by reason of: persons residing
in such housing as of September 13, 1988 not meeting the age requirements of
this subsection, provided that new occupants of such housing meet the age
requirements of this subsection; or unoccupied units, provided that such units
are reserved for occupancy by persons who meet the age requirements of this
subsection.

���� nn.� �Genetic characteristic�
means any inherited gene or chromosome, or alteration thereof, that is
scientifically or medically believed to predispose an individual to a disease,
disorder, or syndrome, or to be associated with a statistically significant increased
risk of development of a disease, disorder, or syndrome.

���� oo.� �Genetic information�
means the information about genes, gene products, or inherited characteristics
that may derive from an individual or family member.

���� pp.� �Genetic test� means a
test for determining the presence or absence of an inherited genetic
characteristic in an individual, including tests of nucleic acids such as DNA,
RNA, and mitochondrial DNA, chromosomes, or proteins in order to identify a
predisposing genetic characteristic.

���� qq.� �Domestic partnership�
means a domestic partnership established pursuant to section 4 of P.L.2003,
c.246 (C.26:8A-4).

���� rr.�� �Gender identity or
expression� means having or being perceived as having a gender related identity
or expression whether or not stereotypically associated with a person�s
assigned sex.

���� ss.�� �Civil Union� means a
legally recognized union of two eligible individuals established pursuant to
R.S.37:1-1 et seq. and P.L.2006, c.103 (C.37:1-28 et al.).

���� tt.��� �Premium wages� means
additional remuneration for night, weekend, or holiday work, or for standby or
irregular duty.

���� uu.� �Premium benefit� means
an employment benefit, such as seniority, group life insurance, health
insurance, disability insurance, sick leave, annual leave, or an educational or
pension benefit that is greater than the employment benefit due the employee for
an equivalent period of work performed during the regular work schedule of the
employee.

���� vv.� �Race� is inclusive of
traits historically associated with race, including, but not limited to, hair
texture, hair type, and protective hairstyles.

���� ww.� �Protective hair styles�
includes, but is not limited to, such hairstyles as braids, locks, and twists.

���� xx.� �Family member� means a
child, parent, parent-in-law, sibling, grandparent, grandchild, spouse,
domestic partner, or one partner in a civil union couple, or any other
individual related by blood to the person, and any other individual that the
person shows to have a close association with the person which is the
equivalent of a family relationship.

����
yy.� �Domestic work� means
services related to the care of persons in private residences or maintenance of
private residences or their premises, including, but not limited to, services
performed by a nanny, au pair, babysitter, house cleaner, housekeeper, maid,
caretaker, home care worker, cook, chef, butler, gardener, or household
manager; provided, however, that �domestic work� shall not include:

����
(1)� any such services
provided by a parent, grandparent, spouse, sibling, child, or other immediate
family member of the employer; or

����
(2)� services limited to
casual and occasional house- or pet-sitting duties performed when members of
the household are not on the premises.

����
zz.�� �Intern� means an
individual who performs services for an employer on a temporary basis whose
work:

����
(1)� provides training or
supplements training given in an educational environment such that the
employability of the individual performing the work may be enhanced;

����
(2)� provides experience
for the benefit of the individual performing the work; and

����
(3)� is performed under the
supervision of existing staff.

The term �intern� shall include
individuals without regard to whether the employer pays them a salary or wage.

(cf: P.L.2019, c.436, s.2)

���� 7.��� Section 11 of P.L.1945,
c.169 (C.10:5-12) is amended to read:

���� 11.� It shall be an unlawful
employment practice, or, as the case may be, an unlawful discrimination:

���� a.��� For an employer, because
of the race, creed, color, national origin, ancestry, age, marital status,
civil union status, domestic partnership status, affectional or sexual
orientation, genetic information, pregnancy or breastfeeding, sex, gender
identity or expression, disability or atypical hereditary cellular or blood
trait of any individual, or because of the liability for service in the Armed
Forces of the United States or the nationality of any individual, or because of
the refusal to submit to a genetic test or make available the results of a
genetic test to an employer, to refuse to hire or employ or to bar or to
discharge or require to retire, unless justified by lawful considerations other
than age, from employment such individual or to discriminate against such
individual in compensation or in terms, conditions or privileges of employment;
provided, however, it shall not be an unlawful employment practice to refuse to
accept for employment an applicant who has received a notice of induction or orders
to report for active duty in the armed forces; provided further that nothing
herein contained shall be construed to bar an employer from refusing to accept
for employment any person on the basis of sex in those certain circumstances
where sex is a bona fide occupational qualification, reasonably necessary to
the normal operation of the particular business or enterprise; provided further
that nothing herein contained shall be construed to bar an employer from
refusing to accept for employment or to promote any person over 70 years of
age; provided further that it shall not be an unlawful employment practice for
a club exclusively social or fraternal to use club membership as a uniform
qualification for employment, or for a religious association or organization to
utilize religious affiliation as a uniform qualification in the employment of
clergy, religious teachers or other employees engaged in the religious
activities of the association or organization, or in following the tenets of
its religion in establishing and utilizing criteria for employment of an
employee; and provided further, that it shall not be an unlawful employment
practice to require the retirement of any employee who, for the two-year period
immediately before retirement, is employed in a bona fide executive or a high
policy-making position, if that employee is entitled to an immediate
non-forfeitable annual retirement benefit from a pension, profit sharing,
savings or deferred retirement plan, or any combination of those plans, of the
employer of that employee which equals in the aggregate at least $27,000.00;
and provided further that an employer may restrict employment to citizens of
the United States where such restriction is required by federal law or is
otherwise necessary to protect the national interest. �

���� The provisions of subsections
a. and b. of section 57 of P.L.2003, c.246 (C.34:11A-20), and the provisions of
section 58 of P.L.2003, c.246 (C.26:8A-11), shall not be deemed to be an
unlawful discrimination under P.L.1945, c.169 (C.10:5-1 et seq.).

����
For purposes of claims
brought under this subsection alleging that an employer is liable for an
unlawful employment practice because an employee was subjected to sexual
harassment or unlawful harassment based on any other category protected by this
subsection, the definition of �employer� shall include any person who employs
an individual to perform domestic work in their private residence; who employs
an individual to perform domestic work in the private residence of a family
member; or who is 18 years of age or older and resides in a private residence
in which an individual performs domestic work.

����
For purposes of such claims
brought by an employee who performs domestic work, it shall also be an unlawful
employment practice for an employer to allow any family member or member of
their household, regardless of age, to engage in sexual harassment or unlawful
harassment based on any other category protected by this subsection, or for an
employer to keep or request to keep permanent or continuing possession of the
employee�s passport or other identifying documents.

���� For the purposes of this
subsection, a �bona fide executive� is a top level employee who exercises
substantial executive authority over a significant number of employees and a
large volume of business. A �high policy-making position� is a position in which
a person plays a significant role in developing policy and in recommending the
implementation thereof.

���� For the purposes of this
subsection, an unlawful employment practice occurs, with respect to
discrimination in compensation or in the financial terms or conditions of
employment, each occasion that an individual is affected by application of a
discriminatory compensation decision or other practice, including, but not
limited to, each occasion that wages, benefits, or other compensation are paid,
resulting in whole or in part from the decision or other practice.

���� In addition to any other
relief authorized by the �Law Against Discrimination,� P.L.1945, c.169
(C.10:5-1 et seq.) for discrimination in compensation or in the financial terms
or conditions of employment, liability shall accrue and an aggrieved person may
obtain relief for back pay for the entire period of time , except not more than
six years, in which the violation with regard to discrimination in compensation
or in the financial terms or conditions of employment has been continuous, if
the violation continues to occur within the statute of limitations.

���� Nothing in this subsection
shall prohibit the application of the doctrine of �continuing violation� or the
�discovery rule� to any appropriate claim as those doctrines currently exist in
New Jersey common law. It shall be an unlawful employment practice to require
employees or prospective employees to consent to a shortened statute of
limitations or to waive any of the protections provided by the �Law Against
Discrimination,� P.L.1945, c.169 (C.10:5-1 et seq.).

���� b.��� For a labor
organization, because of the race, creed, color, national origin, ancestry,
age, marital status, civil union status, domestic partnership status,
affectional or sexual orientation, gender identity or expression, disability,
pregnancy or breastfeeding, or sex of any individual, or because of the
liability for service in the Armed Forces of the United States or nationality
of any individual, to exclude or to expel from its membership such individual
or to discriminate in any way against any of its members, against any applicant
for, or individual included in, any apprentice or other training program or
against any employer or any individual employed by an employer; provided,
however, that nothing herein contained shall be construed to bar a labor
organization from excluding from its apprentice or other training programs any
person on the basis of sex in those certain circumstances where sex is a bona
fide occupational qualification reasonably necessary to the normal operation of
the particular apprentice or other training program.

���� c.��� For any employer or
employment agency to print or circulate or cause to be printed or circulated
any statement, advertisement or publication, or to use any form of application
for employment, or to make an inquiry in connection with prospective employment,
which expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, ancestry, age,
marital status, civil union status, domestic partnership status, affectional or
sexual orientation, gender identity or expression, nationality, pregnancy or
breastfeeding, or sex or liability of any applicant for employment for service
in the Armed Forces of the United States, or any intent to make any such
limitation, specification or discrimination, unless based upon a bona fide
occupational qualification.

���� d.��� For any person to take
reprisals against any person because that person has opposed any practices or
acts forbidden under this act or because that person has sought legal advice
regarding rights under this act, shared relevant information with legal counsel,
shared information with a governmental entity, or filed a complaint, testified
or assisted in any proceeding under this act or to coerce, intimidate, threaten
or interfere with any person in the exercise or enjoyment of, or on account of
that person having aided or encouraged any other person in the exercise or
enjoyment of, any right granted or protected by this act.

���� e.��� For any person, whether
an employer or an employee or not, to aid, abet, incite, compel or coerce the
doing of any of the acts forbidden under this act, or to attempt to do so.

���� f.���� (1)��� For any owner,
lessee, proprietor, manager, superintendent, agent, or employee of any place of
public accommodation directly or indirectly to unlawfully refuse, withhold from
or deny to any person any of the accommodations, advantages, facilities or privileges
thereof, or to discriminate against any person in the furnishing thereof, or
directly or indirectly to publish, circulate, issue, display, post or mail any
written or printed communication, notice, or advertisement to the effect that
any of the accommodations, advantages, facilities, or privileges of any such
place will be refused, withheld from, or denied to any person on account of the
race, creed, color, national origin, ancestry, marital status, civil union
status, domestic partnership status, pregnancy or breastfeeding, sex, gender
identity or expression, affectional or sexual orientation, disability,
liability for service in the Armed Forces of the United States or nationality
of such person, or that the patronage or custom thereat of any person of any
particular race, creed, color, national origin, ancestry, marital status, civil
union status, domestic partnership status, pregnancy or breastfeeding status,
sex, gender identity or expression, affectional or sexual orientation,
disability, liability for service in the Armed Forces of the United States or
nationality is unwelcome, objectionable or not acceptable, desired or
solicited, and the production of any such written or printed communication,
notice or advertisement, purporting to relate to any such place and to be made
by any owner, lessee, proprietor, superintendent or manager thereof, shall be
presumptive evidence in any action that the same was authorized by such person;
provided, however, that nothing contained herein shall be construed to bar any
place of public accommodation which is in its nature reasonably restricted
exclusively to individuals of one sex, and which shall include but not be
limited to any summer camp, day camp, or resort camp, bathhouse, dressing room,
swimming pool, gymnasium, comfort station, dispensary, clinic or hospital, or
school or educational institution which is restricted exclusively to
individuals of one sex, provided individuals shall be admitted based on their
gender identity or expression, from refusing, withholding from or denying to
any individual of the opposite sex any of the accommodations, advantages,
facilities or privileges thereof on the basis of sex; provided further, that
the foregoing limitation shall not apply to any restaurant as defined in R.S.33:1-1
or place where alcoholic beverages are served.

���� (2)� Notwithstanding the
definition of �a place of public accommodation� as set forth in subsection l.
of section 5 of P.L.1945, c.169 (C.10:5-5), for any owner, lessee, proprietor,
manager, superintendent, agent, or employee of any private club or association
to directly or indirectly refuse, withhold from or deny to any individual who
has been accepted as a club member and has contracted for or is otherwise
entitled to full club membership any of the accommodations, advantages,
facilities or privileges thereof, or to discriminate against any member in the
furnishing thereof on account of the race, creed, color, national origin,
ancestry, marital status, civil union status, domestic partnership status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or
sexual orientation, disability, liability for service in the Armed Forces of
the United States or nationality of such person.

���� In addition to the penalties
otherwise provided for a violation of P.L.1945, c.169 (C.10:5-1 et seq.), if
the violator of paragraph (2) of subsection f. of this section is the holder of
an alcoholic beverage license issued under the provisions of R.S.33:1-12 for
that private club or association, the matter shall be referred to the Director
of the Division of Alcoholic Beverage Control who shall impose an appropriate
penalty in accordance with the procedures set forth in R.S.33:1-31.

���� g.��� For any person,
including but not limited to, any owner, lessee, sublessee, assignee or
managing agent of, or other person having the right of ownership or possession
of or the right to sell, rent, lease, assign, or sublease any real property or
part or portion thereof, or any agent or employee of any of these:

���� (1)� To refuse to sell, rent,
lease, assign, or sublease or otherwise to deny to or withhold from any person
or group of persons any real property or part or portion thereof because of
race, creed, color, national origin, ancestry, marital status, civil union
status, domestic partnership status, pregnancy or breastfeeding, sex, gender
identity or expression, affectional or sexual orientation, familial status,
disability, liability for service in the Armed Forces of the United States,
nationality, or source of lawful income used for rental or mortgage payments;

���� (2)� To discriminate against
any person or group of persons because of race, creed, color, national origin,
ancestry, marital status, civil union status, domestic partnership status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or
sexual orientation, familial status, disability, liability for service in the
Armed Forces of the United States, nationality, or source of lawful income used
for rental or mortgage payments in the terms, conditions or privileges of the
sale, rental or lease of any real property or part or portion thereof or in the
furnishing of facilities or services in connection therewith;

���� (3)� To print, publish,
circulate, issue, display, post or mail, or cause to be printed, published,
circulated, issued, displayed, posted or mailed any statement, advertisement,
publication or sign, or to use any form of application for the purchase,
rental, lease, assignment or sublease of any real property or part or portion
thereof, or to make any record or inquiry in connection with the prospective
purchase, rental, lease, assignment, or sublease of any real property, or part
or portion thereof which expresses, directly or indirectly, any limitation,
specification or discrimination as to race, creed, color, national origin,
ancestry, marital status, civil union status, domestic partnership status,
pregnancy or breastfeeding, sex, gender identity, or expression, affectional or
sexual orientation, familial status, disability, liability for service in the
Armed Forces of the United States, nationality, or source of lawful income used
for rental or mortgage payments, or any intent to make any such limitation, specification
or discrimination, and the production of any such statement, advertisement,
publicity, sign, form of application, record, or inquiry purporting to be made
by any such person shall be presumptive evidence in any action that the same
was authorized by such person; provided, however, that nothing contained in
this subsection shall be construed to bar any person from refusing to sell,
rent, lease, assign or sublease or from advertising or recording a
qualification as to sex for any room, apartment, flat in a dwelling or
residential facility which is planned exclusively for and occupied by
individuals of one sex to any individual of the exclusively opposite sex on the
basis of sex provided individuals shall be qualified based on their gender
identity or expression;

���� (4)� To refuse to sell, rent,
lease, assign, or sublease or otherwise to deny to or withhold from any person
or group of persons any real property or part or portion thereof because of the
source of any lawful income received by the person or the source of any lawful
rent payment to be paid for the real property; or

���� (5)� To refuse to rent or
lease any real property to another person because that person�s family includes
children under 18 years of age, or to make an agreement, rental or lease of any
real property which provides that the agreement, rental or lease shall be
rendered null and void upon the birth of a child. This paragraph shall not
apply to housing for older persons as defined in subsection mm. of section 5 of
P.L.1945, c.169 (C.10:5-5).

���� h.��� For any person,
including but not limited to, any real estate broker, real estate salesperson,
or employee or agent thereof:

���� (1)� To refuse to sell, rent,
assign, lease or sublease, or offer for sale, rental, lease, assignment, or
sublease any real property or part or portion thereof to any person or group of
persons or to refuse to negotiate for the sale, rental, lease, assignment, or
sublease of any real property or part or portion thereof to any person or group
of persons because of race, creed, color, national origin, ancestry, marital
status, civil union status, domestic partnership status, familial status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or
sexual orientation, liability for service in the Armed Forces of the United
States, disability, nationality, or source of lawful income used for rental or
mortgage payments, or to represent that any real property or portion thereof is
not available for inspection, sale, rental, lease, assignment, or sublease when
in fact it is so available, or otherwise to deny or withhold any real property
or any part or portion of facilities thereof to or from any person or group of
persons because of race, creed, color, national origin, ancestry, marital
status, civil union status, domestic partnership status, familial status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or
sexual orientation, disability, liability for service in the Armed Forces of
the United States, or;

���� (2)� To discriminate against
any person because of race, creed, color, national origin, ancestry, marital
status, civil union status, domestic partnership status, familial status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual
orientation, disability, liability for service in the Armed Forces of the
United States, nationality, or source of lawful income used for rental or
mortgage payments in the terms, conditions or privileges of the sale, rental,
lease, assignment or sublease of any real property or part or portion thereof
or in the furnishing of facilities or services in connection therewith;

���� (3)� To print, publish,
circulate, issue, display, post, or mail, or cause to be printed, published,
circulated, issued, displayed, posted or mailed any statement, advertisement,
publication or sign, or to use any form of application for the purchase,
rental, lease, assignment, or sublease of any real property or part or portion
thereof or to make any record or inquiry in connection with the prospective
purchase, rental, lease, assignment, or sublease of any real property or part
or portion thereof which expresses, directly or indirectly, any limitation,
specification or discrimination as to race, creed, color, national origin,
ancestry, marital status, civil union status, domestic partnership status,
familial status, pregnancy or breastfeeding, sex, gender identity or
expression, affectional or sexual orientation, disability, liability for
service in the Armed Forces of the United States, nationality, or source of
lawful income used for rental or mortgage payments or any intent to make any
such limitation, specification or discrimination, and the production of any
such statement, advertisement, publicity, sign, form of application, record, or
inquiry purporting to be made by any such person shall be presumptive evidence
in any action that the same was authorized by such person; provided, however,
that nothing contained in this subsection h., shall be construed to bar any
person from refusing to sell, rent, lease, assign or sublease or from
advertising or recording a qualification as to sex for any room, apartment, flat
in a dwelling or residential facility which is planned exclusively for and
occupied exclusively by individuals of one sex to any individual of the
opposite sex on the basis of sex, provided individuals shall be qualified based
on their gender identity or expression;

���� (4)� To refuse to sell, rent,
lease, assign, or sublease or otherwise to deny to or withhold from any person
or group of persons any real property or part or portion thereof because of the
source of any lawful income received by the person or the source of any lawful
rent payment to be paid for the real property; or

���� (5)� To refuse to rent or
lease any real property to another person because that person�s family includes
children under 18 years of age, or to make an agreement, rental or lease of any
real property which provides that the agreement, rental or lease shall be
rendered null and void upon the birth of a child. This paragraph shall not
apply to housing for older persons as defined in subsection mm. of section 5 of
P.L.1945, c.169 (C.10:5-5).

���� i.���� For any person, bank,
banking organization, mortgage company, insurance company or other financial
institution, lender or credit institution involved in the making or purchasing
of any loan or extension of credit, for whatever purpose, whether secured by
residential real estate or not, including but not limited to financial
assistance for the purchase, acquisition, construction, rehabilitation, repair
or maintenance of any real property or part or portion thereof or any agent or
employee thereof:

���� (1)� To discriminate against
any person or group of persons because of race, creed, color, national origin,
ancestry, marital status, civil union status, domestic partnership status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or
sexual orientation, disability, liability for service in the Armed Forces of
the United States, familial status or nationality, in the granting,
withholding, extending, modifying, renewing, or purchasing, or in the fixing of
the rates, terms, conditions or provisions of any such loan, extension of
credit or financial assistance or purchase thereof or in the extension of
services in connection therewith;

���� (2)� To use any form of
application for such loan, extension of credit or financial assistance or to
make record or inquiry in connection with applications for any such loan,
extension of credit or financial assistance which expresses, directly or
indirectly, any limitation, specification or discrimination as to race, creed,
color, national origin, ancestry, marital status, civil union status, domestic
partnership status, pregnancy or breastfeeding, sex, gender identity or
expression, affectional or sexual orientation, disability, liability for
service in the Armed Forces of the United States, familial status or
nationality or any intent to make any such limitation, specification or
discrimination; unless otherwise required by law or regulation to retain or use
such information;

���� (3)� (Deleted by amendment,
P.L.2003, c.180).

���� (4)� To discriminate against
any person or group of persons because of the source of any lawful income
received by the person or the source of any lawful rent payment to be paid for
the real property; or

���� (5)� To discriminate against
any person or group of persons because that person�s family includes children
under 18 years of age, or to make an agreement or mortgage which provides that
the agreement or mortgage shall be rendered null and void upon the birth of a
child. This paragraph shall not apply to housing for older persons as defined
in subsection mm. of section 5 of P.L.1945, c.169 (C.10:5-5).

���� j.���� For any person whose
activities are included within the scope of this act to refuse to post or
display such notices concerning the rights or responsibilities of persons
affected by this act as the Attorney General may by regulation require.

���� k.��� For any real estate
broker, real estate salesperson or employee or agent thereof or any other
individual, corporation, partnership, or organization, for the purpose of
inducing a transaction for the sale or rental of real property from which
transaction such person or any of its members may benefit financially, to
represent that a change has occurred or will or may occur in the composition
with respect to race, creed, color, national origin, ancestry, marital status,
civil union status, domestic partnership status, familial status, pregnancy or
breastfeeding, sex, gender identity or expression, affectional or sexual
orientation, disability, liability for service in the Armed Forces of the
United States, nationality, or source of lawful income used for rental or
mortgage payments of the owners or occupants in the block, neighborhood or area
in which the real property is located, and to represent, directly or
indirectly, that this change will or may result in undesirable consequences in
the block, neighborhood or area in which the real property is located,
including, but not limited to the lowering of property values, an increase in
criminal or anti-social behavior, or a decline in the quality of schools or
other facilities.

���� l.���� For any person to
refuse to buy from, sell to, lease from or to, license, contract with, or trade
with, provide goods, services or information to, or otherwise do business with
any other person on the basis of the race, creed, color, national origin, ancestry,
age, pregnancy or breastfeeding, sex, gender identity or expression,
affectional or sexual orientation, marital status, civil union status, domestic
partnership status, liability for service in the Armed Forces of the United
States, disability, nationality, or source of lawful income used for rental or
mortgage payments of such other person or of such other person�s family
members, partners, members, stockholders, directors, officers, managers,
superintendents, agents, employees, business associates, suppliers, or
customers. This subsection shall not prohibit refusals or other actions (1)
pertaining to employee-employer collective bargaining, labor disputes, or
unfair labor practices, or (2) made or taken in connection with a protest of
unlawful discrimination or unlawful employment practices.

���� m.�� For any person to:

���� (1)� Grant or accept any
letter of credit or other document which evidences the transfer of funds or
credit, or enter into any contract for the exchange of goods or services, where
the letter of credit, contract, or other document contains any provisions requiring
any person to discriminate against or to certify that he, she or it has not
dealt with any other person on the basis of the race, creed, color, national
origin, ancestry, age, pregnancy or breastfeeding, sex, gender identity or
expression, affectional or sexual orientation, marital status, civil union
status, domestic partnership status, disability, liability for service in the
Armed Forces of the United States, or nationality of such other person or of
such other person�s family members, partners, members, stockholders, directors,
officers, managers, superintendents, agents, employees, business associates,
suppliers, or customers.

���� (2)� Refuse to grant or accept
any letter of credit or other document which evidences the transfer of funds or
credit, or refuse to enter into any contract for the exchange of goods or
services, on the ground that it does not contain such a discriminatory provision
or certification.

���� The provisions of this
subsection shall not apply to any letter of credit, contract, or other document
which contains any provision pertaining to employee-employer collective
bargaining, a labor dispute or an unfair labor practice, or made in connection with
the protest of unlawful discrimination or an unlawful employment practice, if
the other provisions of such letter of credit, contract, or other document do
not otherwise violate the provisions of this subsection.

���� n.��� For any person to aid,
abet, incite, compel, coerce, or induce the doing of any act forbidden by
subsections l. and m. of section 11 of P.L.1945, c.169 (C.10:5-12), or to
attempt, or to conspire to do so. Such prohibited conduct shall include, but
not be limited to:

���� (1)� Buying from, selling to,
leasing from or to, licensing, contracting with, trading with, providing goods,
services, or information to, or otherwise doing business with any person
because that person does, or agrees or attempts to do, any such act or any act
prohibited by this subsection; or

���� (2)� Boycotting, commercially
blacklisting or refusing to buy from, sell to, lease from or to, license,
contract with, provide goods, services or information to, or otherwise do
business with any person because that person has not done or refuses to do any
such act or any act prohibited by this subsection; provided that this
subsection shall not prohibit refusals or other actions either pertaining to
employee-employer collective bargaining, labor disputes, or unfair labor
practices, or made or taken in connection with a protest of unlawful
discrimination or unlawful employment practices.

���� o.��� For any multiple listing
service, real estate brokers� organization or other service, organization or
facility related to the business of selling or renting dwellings to deny any
person access to or membership or participation in such organization, or to
discriminate against such person in the terms or conditions of such access,
membership, or participation, on account of race, creed, color, national
origin, ancestry, age, marital status, civil union status, domestic partnership
status, familial status, pregnancy or breastfeeding, sex, gender identity or
expression, affectional or sexual orientation, disability, liability for
service in the Armed Forces of the United States or nationality.

���� p.��� Nothing in the
provisions of this section shall affect the ability of an employer to require
employees to adhere to reasonable workplace appearance, grooming and dress
standards not precluded by other provisions of State or federal law, except
that an employer shall allow an employee to appear, groom and dress consistent
with the employee�s gender identity or expression.

���� q.��� (1)�� For any employer
to impose upon a person as a condition of obtaining or retaining employment,
including opportunities for promotion, advancement or transfers, any terms or
conditions that would require a person to violate or forego a sincerely held
religious practice or religious observance, including but not limited to the
observance of any particular day or days or any portion thereof as a Sabbath or
other holy day in accordance with the requirements of the religion or religious
belief, unless, after engaging in a bona fide effort, the employer demonstrates
that it is unable to reasonably accommodate the employee�s religious observance
or practice without undue hardship on the conduct of the employer�s business.
Notwithstanding any other provision of law to the contrary, an employee shall
not be entitled to premium wages or premium benefits for work performed during
hours to which those premium wages or premium benefits would ordinarily be
applicable, if the employee is working during those hours only as an
accommodation to
[
his
]

the
employee�s
religious requirements. Nothing in this subsection q. shall be
construed as reducing:

���� (a)�� The number of the hours
worked by the employee which are counted towards the accruing of seniority,
pension or other benefits; or

���� (b)� Any premium wages or
benefits provided to an employee pursuant to a collective bargaining agreement.

���� (2)� For an employer to refuse
to permit an employee to utilize leave, as provided for in this subsection q.,
which is solely used to accommodate the employee�s sincerely held religious
observance or practice. Except where it would cause an employer to incur an
undue hardship, no person shall be required to remain at
[
his
]

the
person�s
place of employment during any day or days or portion thereof
that, as a requirement of
[
his
]

the
person�s
religion,
[
he
]

the person

observes as
[
his
]

the
person�s
Sabbath or other holy day, including a reasonable time prior and
subsequent thereto for travel between
[
his
]

the
person�s
place of employment and
[
his
]

the
person�s
home; provided that any such absence from work shall, wherever
practicable in the reasonable judgment of the employer, be made up by an
equivalent amount of time and work at some other mutually convenient time, or
shall be charged against any leave with pay ordinarily granted, other than sick
leave, and any such absence not so made up or charged, may be treated by the
employer of that person as leave taken without pay.

���� (3)� (a)�� For purposes of
this subsection q., �undue hardship� means an accommodation requiring
unreasonable expense or difficulty, unreasonable interference with the safe or
efficient operation of the workplace or a violation of a bona fide seniority
system or a violation of any provision of a bona fide collective bargaining
agreement.

���� (b)� In determining whether
the accommodation constitutes an undue hardship, the factors considered shall
include:

���� (i)�� The identifiable cost of
the accommodation, including the costs of loss of productivity and of retaining
or hiring employees or transferring employees from one facility to another, in
relation to the size and operating cost of the employer.

���� (ii)� The number of
individuals who will need the particular accommodation for a sincerely held
religious observance or practice.

���� (iii) �For an employer with
multiple facilities, the degree to which the geographic separateness or
administrative or fiscal relationship of the facilities will make the
accommodation more difficult or expensive.

���� (c)�� An accommodation shall
be considered to constitute an undue hardship if it will result in the
inability of an employee to perform the essential functions of the position in
which
[
he
or she
]

the
employee
is employed.

���� (d)� (i)��� The provisions of
this subsection q. shall be applicable only to reasonable accommodations of
religious observances and shall not supersede any definition of undue hardship
or standards for reasonable accommodation of the disabilities of employees.

���� (ii)� This subsection q. shall
not apply where the uniform application of terms and conditions of attendance
to employees is essential to prevent undue hardship to the employer. The burden
of proof regarding the applicability of this subparagraph (d) shall be upon the
employer.

���� r.���� For any employer to
take reprisals against any employee for requesting from , discussing with, or
disclosing to, any other employee or former employee of the employer, a lawyer
from whom the employee seeks legal advice, or any government agency information
regarding the job title, occupational category, and rate of compensation,
including benefits, of the employee or any other employee or former employee of
the employer, or the gender, race, ethnicity, military status, or national
origin of the employee or any other employee or former employee of the
employer, regardless of whether the request was responded to , or to require,
as a condition of employment, any employee or prospective employee to sign a
waiver, or to otherwise require an employee or prospective employee to agree,
not to make those requests or disclosures. Nothing in this subsection shall be
construed to require an employee to disclose such information about the
employee herself to any other employee or former employee of the employer or to
any authorized representative of the other employee or former employee.

����
For purposes of this
subsection, the definition of �employer� includes any person who employs an
individual to perform domestic work in their private residence; who employs an
individual to perform domestic work in the private residence of a family member;
or who is 18 years of age or older and resides in a private residence in which
an individual performs domestic work.

���� s.���� For an employer to
treat, for employment-related purposes, a woman employee that the employer
knows, or should know, is affected by pregnancy or breastfeeding in a manner
less favorable than the treatment of other persons not affected by pregnancy or
breastfeeding but similar in their ability or inability to work. In addition,
an employer of an employee who is a woman affected by pregnancy shall make
available to the employee reasonable accommodation in the workplace, such as
bathroom breaks, breaks for increased water intake, periodic rest, assistance
with manual labor, job restructuring or modified work schedules, and temporary
transfers to less strenuous or hazardous work, for needs related to the
pregnancy when the employee, based on the advice of her physician, requests the
accommodation, and, in the case of an employee breast feeding her infant child,
the accommodation shall include reasonable break time each day to the employee
and a suitable room or other location with privacy, other than a toilet stall,
in close proximity to the work area for the employee to express breast milk for
the child, unless the employer can demonstrate that providing the accommodation
would be an undue hardship on the business operations of the employer. The
employer shall not in any way penalize the employee in terms, conditions or
privileges of employment for requesting or using the accommodation. Workplace
accommodation provided pursuant to this subsection and paid or unpaid leave
provided to an employee affected by pregnancy or breastfeeding shall not be
provided in a manner less favorable than accommodations or leave provided to
other employees not affected by pregnancy or breastfeeding but similar in their
ability or inability to work. This subsection shall not be construed as
otherwise increasing or decreasing any employee�s rights under law to paid or
unpaid leave in connection with pregnancy or breastfeeding.

���� For the purposes of this
section �pregnancy or breastfeeding� means pregnancy, childbirth, and breast
feeding or expressing milk for breastfeeding, or medical conditions related to
pregnancy, childbirth, or breastfeeding, including recovery from childbirth.

���� For the purposes of this
subsection, in determining whether an accommodation would impose undue hardship
on the operation of an employer�s business, the factors to be considered
include: the overall size of the employer�s business with respect to the number
of employees, number and type of facilities, and size of budget; the type of
the employer�s operations, including the composition and structure of the
employer�s workforce; the nature and cost of the accommodation needed, taking
into consideration the availability of tax credits, tax deductions, and outside
funding; and the extent to which the accommodation would involve waiver of an
essential requirement of a job as opposed to a tangential or non-business
necessity requirement.

���� t.���� For an employer to pay
any of its employees who is a member of a protected class at a rate of
compensation, including benefits, which is less than the rate paid by the
employer to employees who are not members of the protected class for
substantially similar work, when viewed as a composite of skill, effort and
responsibility. An employer who is paying a rate of compensation in violation
of this subsection shall not reduce the rate of compensation of any employee in
order to comply with this subsection. An employer may pay a different rate of
compensation only if the employer demonstrates that the differential is made
pursuant to a seniority system, a merit system, or the employer demonstrates:

���� (1)� That the differential is
based on one or more legitimate, bona fide factors other than the
characteristics of members of the protected class, such as training, education
or experience, or the quantity or quality of production;

���� (2)� That the factor or
factors are not based on, and do not perpetuate, a differential in compensation
based on sex or any other characteristic of members of a protected class;

���� (3)� That each of the factors
is applied reasonably;

���� (4)� That one or more of the
factors account for the entire wage differential; and

���� (5)� That the factors are
job-related with respect to the position in question and based on a legitimate
business necessity. A factor based on business necessity shall not apply if it
is demonstrated that there are alternative business practices that would serve
the same business purpose without producing the wage differential.

���� Comparisons of wage rates
shall be based on wage rates in all of an employer�s operations or facilities.
For the purposes of this subsection, �member of a protected class� means an
employee who has one or more characteristics, including race, creed, color,
national origin, nationality, ancestry, age, marital status, civil union
status, domestic partnership status, affectional or sexual orientation, genetic
information, pregnancy, sex, gender identity or expression, disability or
atypical hereditary cellular or blood trait of any individual, or liability for
service in the armed forces, for which subsection a. of this section prohibits
an employer from refusing to hire or employ or barring or discharging or
requiring to retire from employment or discriminating against the individual in
compensation or in terms, conditions or privileges of employment.

����
Nothing in this subsection
shall be interpreted to preclude employers from engaging interns in unpaid
positions or paying interns at a different rate than other staff, provided,
however, that if an employer provides compensation to interns, it may not provide
such compensation to interns who are members of a protected class at a rate
less than interns who are not members of the protected class for substantially
similar work, when viewed as a composite of skill, effort and responsibility.

(cf: P.L.2019, c.436, s.3)

���� 8.��� Section 1 of P.L.2019,
c.39 (C.10:5-12.7) is amended to read as follows:

���� 1.��� a. �A provision in any
employment contract
, including any contract for the performance of domestic
work,
that waives any substantive or procedural right or remedy relating to
a claim of discrimination, retaliation, or harassment shall be deemed against
public policy and unenforceable.

���� b.��� No right or remedy under
the �Law Against Discrimination,� P.L.1945, c.169 (C.10:5-1 et seq.) or any
other statute or case law shall be prospectively waived.

���� c.��� This section shall not
apply to the terms of any collective bargaining agreement between an employer
and the collective bargaining representative of the employees.

(cf: P.L.2019, c.39, s.1)

���� 9.��� Section 2 of P.L.2019,
c.39 (C.10:5-12.8) is amended to read as follows:

���� 2.��� a. �A provision in any
employment contract or settlement agreement which has the purpose or effect of
concealing the details relating to a claim of discrimination, retaliation, or
harassment (hereinafter referred to as a �non-disclosure provision�) shall be
deemed against public policy and unenforceable against a current or former
employee (hereinafter referred to as an �employee�) who is a party to the
contract or settlement. If the employee publicly reveals sufficient details of
the claim so that the employer is reasonably identifiable, then the
non-disclosure provision shall also be unenforceable against the employer.

���� b.��� Every settlement
agreement resolving a discrimination, retaliation, or harassment claim by an
employee against an employer shall include a bold, prominently placed notice
that although the parties may have agreed to keep the settlement and underlying
facts confidential, such a provision in an agreement is unenforceable against
the employer if the employee publicly reveals sufficient details of the claim
so that the employer is reasonably identifiable.

���� c.��� Notwithstanding any
other provision of law to the contrary, this section shall not be construed to
prohibit an employer from requiring an employee to sign an agreement:

���� (1)� in which the employee
agrees not to enter into competition with the employer during or after
employment; or

���� (2)� in which the employee
agrees not to disclose proprietary information, which includes only non-public
trade secrets, business plan and customer information.

����
d.��� For purposes of
claims brought this section, the definition of �employer� includes any person
who employs an individual to perform domestic work in their private residence;
who employs an individual to perform domestic work in the private residence of
a family member; or who is 18 years of age or older and resides in a private
residence in which an individual performs domestic work.

(cf: P.L.2019, c.39, s.2)

���� 10.� Section 5 of P.L.2019,
c.39 (C.10:5-12.11) is amended to read as follows:

���� 5.��� Any person claiming to
be aggrieved by a violation of P.L.2019, c.39 (C.10:5-12.7 et seq.) may
initiate suit in Superior Court. An action pursuant to this section shall be
commenced within
[
two
]

three

years
[
next
]
after the
cause of any such action shall have accrued. All remedies available in common
law tort actions shall be available to prevailing plaintiffs. These remedies
are in addition to any provided by P.L.2019, c.39 (C.10:5-12.7 et seq.) or any
other statute. A prevailing plaintiff shall be awarded reasonable
[
attorney
]

attorney�s

fees and costs.

(cf: P.L.2019, c.39, s.5)

���� 11.� Section 12 of P.L.1945,
c.169 (C.10:5-13) is amended to read as follows:

���� 12.� a. �(1) �Any person
claiming to be aggrieved by an unlawful employment practice or an unlawful
discrimination may, personally or by an attorney-at-law, make, sign, and file
with the division a verified complaint in writing which shall state the name
and address of the person, employer, labor organization, employment agency,
owner, lessee, proprietor, manager, superintendent, or agent alleged to have
committed the unlawful employment practice or unlawful discrimination
complained of and which shall set forth the particulars thereof and shall
contain such other information as may be required by the division. �
Such
complaint shall be filed with the division or in any municipal office pursuant
to P.L.1945, c.169 (C.10:5-1 et seq.) within one year after the alleged
unlawful employment practice or unlawful discrimination based on any other
category protected by P.L.1945, c.169 (C.10:5-1 et seq.).
�Upon receipt of
the complaint, the division shall notify the complainant on a form promulgated
by the director of the division and approved by the Attorney General of the
complainant's rights under P.L.1945, c.169 (C.10:5-1 et seq.), including
the right to file a complaint in the Superior Court to be heard before a jury;
of the jurisdictional limitations of the division; and any other provisions of
P.L.1945, c.169 (C.10:5-1 et seq.), without interpretation, that may apply to
the complaint. The Commissioner of Labor and Workforce Development, the
Attorney General, the director, or the Commissioner of Education may, in like
manner, make, sign, and file such complaint. Any employer whose employees, or
some of them, refuse, or threaten to refuse to cooperate with the provisions of
P.L.1945, c.169 (C.10:5-1 et seq.), may file with the division a verified
complaint asking for assistance by conciliation or other remedial action.

���� (2)� Any complainant,
including any person claiming to be aggrieved by an unlawful employment
practice or an unlawful discrimination, the Attorney General, the director, the
Commissioner of Labor and Workforce Development, or the Commissioner of
Education, may initiate suit in Superior Court under P.L.1945, c.169 (C.10:5-1
et seq.) without first filing a complaint with the division or any municipal
office. �
Any such action, other than an action by the Attorney General or
the director, shall be commenced within three years after the cause of that
action shall have accrued.
�In such proceedings:

���� (a)�� Upon the application of
any party, a jury trial shall be directed to try the validity of any claim
under P.L.1945, c.169 (C.10:5-1 et seq.) specified in the suit.

���� (b)� All remedies available in
common law tort actions shall be available to prevailing plaintiffs, and if the
Attorney General or the director is a prevailing plaintiff, those remedies
shall be available on behalf of named or unnamed victims. If the suit seeks
relief for one or more unnamed members of a protected class, the Attorney
General or the director shall have the discretion to settle the suit on such
terms as the Attorney General or the director deems appropriate. The injunctive
relief set forth in section 16 of P.L.1945, c.169 (C.10:5-17) shall also be
available to prevailing plaintiffs. These remedies are in addition to any other
provided by P.L.1945, c.169 (C.10:5-1 et seq.) or any other statute.

���� (c)�� In addition to the
remedies set forth in subparagraph (b) of this paragraph, the Attorney General
or director may seek and obtain from the Superior Court penalties pursuant to
section 2 of P.L.1983, c.412 (C.10:5-14.1a). In the alternative, in lieu of these
penalties, the Attorney General or director may seek and obtain punitive
damages payable to the State upon a finding that the provisions of P.L.1995,
c.142 (C.2A:15-5.9 et al.) are satisfied.

���� Prosecution of such suit in
Superior Court under P.L.1945, c.169 (C.10:5-1 et seq.) shall bar the filing of
a complaint with the division or any municipal office during the pendency of
any such suit.

���� (d)� If a jury or court
determines that an employer has committed an unlawful employment practice
prohibited by subsection r. or t. of section 11 of P.L.1945, c.169 (C.10:5-12),
the judge shall award three times any monetary damages to the person or persons
aggrieved by the violation.

���� (e)�� Notwithstanding the
provisions of section 6 of P.L.1979, c.404 (C.10:5-27.1), if the Attorney
General or the director is a prevailing plaintiff, the court shall award
reasonable attorney�s fees and litigation and investigation costs.

���� b.��� At any time after 180
days from the filing of a complaint with the division, a complainant may file a
request with the division to present the action personally or through counsel
to the Office of Administrative Law. Upon such request, the director of the
division shall file the action with the Office of Administrative Law, provided
that no action may be filed with the Office of Administrative Law where the
director of the division has found that no probable cause exists to credit the
allegations of the complaint or has otherwise dismissed the complaint.

���� c.��� A party to an action
based upon a violation of P.L.1945, c.169 (C.10:5-1 et seq.) shall mail a
copy of the initial pleadings or claims, amended pleadings or claims,
counterclaims, briefs, and legal memoranda to the division at the same time as
filing such documents with the Office of Administrative Law or the court. Upon
application to the Office of Administrative Law or to the court wherein the
matter is pending, the division shall be permitted to intervene.

(cf: P.L.2019, c.436, s.5)

���� 12.� Section 17 of P.L.1945,
c.169 (C.10:5-18) is amended to read as follows:

���� The Attorney General shall
establish rules of practice to govern, expedite and effectuate the foregoing
procedure and
[
his
]

the
Attorney General�s
own actions thereunder. Any complaint filed in the
division or in any municipal office pursuant to this act must be so filed
within
[
180
days
]

one
year
after the alleged act of discrimination
or from the discovery of
the alleged act of discrimination
.

(cf: P.L.1979, c.404, s.4)

���� 13.� This act shall take
effect of the first day of the third month following enactment.

STATEMENT

���� This bill makes it unlawful
discrimination in violation of the �Law Against Discrimination,� P.L.1945,
c.169 (C.10:5-1 et seq.) to subject an individual to unlawful harassment,
because of the individual�s sex or other characteristic protected under that
law.

���� The bill sets standards and
procedures for determining when unlawful harassment occurs, both for cases of
unlawful employment practices and for cases of unlawful discrimination.

���� For a claim that harassment is
an unlawful employment practice based on a hostile work environment,
determining whether unlawful harassment has occurred is based on factors which
include whether the harassing conduct was sufficiently severe or pervasive to
create an intimidating, hostile, or offensive work environment, based on the
totality of the circumstances, including the cumulative effect of all incidents
of harassing conduct affecting all workers in a workplace, regardless of
whether or not the conduct involved direct physical contact or threats or loss
of job benefits.

���� For a claim that harassment is
an unlawful discrimination based on a hostile environment in housing, a school,
or other place of public accommodation, determining whether unlawful harassment
has occurred is based on the same factors as they would apply to such
discrimination.

���� The bill requires employers to
establish written nondiscrimination workplace policies to prevent unlawful
discrimination and harassment, which explain the policies, and stipulate
procedures and remedies for violations.� The Division on Civil Rights is directed
to create a model nondiscrimination policy that complies with the requirements
of the bill and can be adopted by an employer with fewer than 50 employees, and
another model policy specifically for employers of domestic workers.

���� The bill requires an employer
to provide interactive training to all supervisory employees and all other
employees regarding the prevention of unlawful discrimination and harassment in
the workplace, and sets standards for the training and the responsibilities of
supervisors under the bill.

���� The bill also sets
requirements for each employer with 50 or more employees regarding the
collection and reporting to the division by an employer of data regarding
complaints of violations of the provisions of the bill.

���� The bill extends the
protections of the Law Against Discrimination to cover domestic workers.

���� The bill sets or extends the
periods of time in which certain actions regarding unlawful discrimination may
be taken.