The "New Jersey Intern Protection Act"; provides legal protections and remedies for persons engaged in internships with employers.

A2041

ASSEMBLY, No. 2041

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHAMA A. HAIDER

District 37 (Bergen)

SYNOPSIS

���� The "New Jersey Intern Protection Act";
provides legal protections and remedies for persons engaged in internships with
employers.

CURRENT VERSION OF TEXT

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

��

An Act

providing protections and remedies for persons
engaged in internships with employers, designated the �New Jersey Intern
Protection Act,� and amending the titles and bodies of various parts of the
statutory law.

����
Be It Enacted

by the Senate and General Assembly of the State of New
Jersey:

���� 1.��� The title of P.L.2001,
c.385 is amended to read as follows:

An Act
imposing
liability on employers who discharge or discriminate against employees
or
interns
for displaying the American flag
, and supplementing P.L.1945,
c.169 (C.10:5-1 et seq.)
.

(cf: P.L.2001, c.385, title)

���� 2.��� The title of P.L.1986,
c.105 is amended to read as follows:

An Act

[
to protect
employees from
]
concerning
retaliatory
[
action
]

actions
by employers and supplementing Title 34 of the Revised Statutes.

(cf: P.L.1986, c.105, title)

���� 3.��� The title of P.L.2006,
c.53 is amended to read as follows:

An Act

concerning employer communications
[
to employees
]
about
religious and political matters
, and supplementing Title 34 of the Revised
Statutes
.

(cf: P.L.2006, c.53, title)

���� 4.��� Section 3 of P.L.1945,
c.169 (C.10:5-3) is amended to read as follows:

���� 3.��� The Legislature finds
and declares that practices of discrimination against any of its inhabitants,
because of race, creed, color, national origin, ancestry, age, sex, gender
identity or expression, affectional or sexual orientation, marital status, familial
status, liability for service in the Armed Forces of the United States,
disability or nationality, are matters of concern to the government of the
State, and that such discrimination threatens not only the rights and proper
privileges of the inhabitants of the State but menaces the institutions and
foundation of a free democratic State; provided, however, that nothing in this
expression of policy prevents the making of legitimate distinctions between
citizens and aliens when required by federal law or otherwise necessary to
promote the national interest.

���� The Legislature further
declares its opposition to such practices of discrimination when directed
against any person by reason of the

race, creed, color, national
origin, ancestry, age, sex, gender identity or expression, affectional or
sexual orientation, marital status, liability for service in the Armed Forces
of the United States, disability or nationality of that person or that person's
family members, partners, members, stockholders, directors, officers, managers,
superintendents, agents, employees,
interns,
business associates,
suppliers, or customers, in order that the economic prosperity and general
welfare of the inhabitants of the State may be protected and ensured.

���� The Legislature further finds
that because of discrimination, people suffer personal hardships, and the State
suffers a grievous harm.� The personal hardships include: economic loss; time
loss; physical and emotional stress; and in some cases severe emotional trauma,
illness, homelessness or other irreparable harm resulting from the strain of
employment
or employer internship
controversies; relocation, search and
moving difficulties; anxiety caused by lack of information, uncertainty, and
resultant planning difficulty; career, education, family and social disruption;
and adjustment problems, which particularly impact on those protected by this
act.� Such harms have, under the common law, given rise to legal remedies,
including compensatory and punitive damages.� The Legislature intends that such
damages be available to all persons protected by this act and that this act
shall be liberally construed in combination with other protections available
under the laws of this State.

(cf: P.L.2019, c.436, s.1)

���� 5.��� Section 4 of P.L.1945,
c.169 (C.10:5-4) is amended to read as follows:

���� 4.��� All persons shall have
the opportunity to obtain employment
or internships with an employer
,
and to obtain all the accommodations, advantages, facilities, and privileges of
any place of public accommodation, publicly assisted housing accommodation, and
other real property without discrimination because of race, creed, color,
national origin, ancestry, age, marital status, affectional or sexual
orientation, familial status, disability, liability for service in the Armed
Forces of the United States, nationality, sex, gender identity or expression or
source of lawful income used for rental or mortgage payments, subject only to
conditions and limitations applicable alike to all persons.� This opportunity
is recognized as and declared to be a civil right.

(cf: P.L.2017, c.184, s.1)

���� 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).

���� 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.

���� f.����
(1)
� "Employee"
does not include any individual employed in the domestic service of any person.

����
(2)� �Intern� means an
individual who performs services for an employer on a temporary basis whose
work: (a) provides training or supplements training given in an educational
environment such that the employability of the individual performing the work may
be enhanced; (b) provides experience for the benefit of the individual
performing the work; and (c) 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.

���� 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 control 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
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
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
]

immunodeficiency
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 at birth.

���� ss.�� "Civil
[
Union
]

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 types, and protective hairstyles.

���� ww.� "Protective
hairstyles" 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,
partner in a civil union couple, domestic partner, 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.�

(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 as follows:

���� 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
engage as an intern,
or to bar or to discharge or require to retire, unless
justified by lawful considerations other than age, from employment
or
internship
such individual or to discriminate against such individual in
compensation or in terms, conditions or privileges of employment
or
internship
; provided, however, it shall not be an unlawful employment
practice to refuse to accept for employment
or internship
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
or
internship
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 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 internship
, or for a religious association or organization
to utilize religious affiliation as a uniform qualification in the employment
or
internship
of clergy, religious teachers or other
[
employees
]

individuals

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
or for the internship of an intern
; 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
or internship
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 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
or engaged in an
internship with
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 internship
, or to make an inquiry in connection with
prospective employment
or internship
, 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, disability, 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
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
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
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
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
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
.

���� 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
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
, 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 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 nationality;

���� (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
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
to refuse to post or display such notices
concerning the rights or responsibilities of persons affected by
[
this act
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
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,
interns,
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,
interns,

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
or interns
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
or intern

to appear, groom and dress consistent with the employee's
or intern�s

gender identity or expression.

���� q.��� (1)� For any employer to
impose upon a person as a condition of obtaining or retaining employment
or
internship
, 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
or intern�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
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
or intern
to utilize leave, as provided for in
this subsection q., which is solely used to accommodate the employee's
or
intern�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 place of employment
or internship
during any day or
days or portion thereof that, as a requirement of his religion, he observes as
his Sabbath or other holy day, including a reasonable time prior and subsequent
thereto for travel between his place of employment
or internship
and his
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
, if
applicable,
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
or intern
to perform the essential functions of
the position in which he or she is employed
or engaged as an intern
.

���� (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
or
interns
.

���� (ii)� This subsection q. shall
not apply where the uniform application of terms and conditions of attendance
to employees
or interns
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
or intern
for requesting from,
discussing with, or disclosing to, any other employee or former employee
, or
any other intern or former intern
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
, or any intern or
former intern,
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
or intern
to
disclose such information about the employee
or intern
herself to any
other employee or former employee
, or intern or former intern,
of the
employer or to any authorized representative
[
of
the other employee or former employee
]

thereof
.

���� s.���� For an employer to
treat, for employment-related
or internship-related
purposes, a woman
employee
or intern
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
or
intern
who is a woman affected by pregnancy shall make available to the
employee
or intern
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
or intern
, based on the advice of her
physician, requests the accommodation, and, in the case of a 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
or intern
in terms, conditions or privileges of employment
or
internship
for requesting or using the accommodation. Workplace accommodation
provided pursuant to this subsection and paid or unpaid leave provided to an
employee
or intern
affected by pregnancy or breastfeeding shall not be
provided in a manner less favorable than accommodations or leave provided to
other employees
or interns
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
or
intern�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.

(cf: P.L.2021, c.248, s.2)

���� 8.��� Section 1 of P.L.2001,
c.385 (C.10:5-12.6) is amended to read as follows:

���� 1.��� No employer, public or
private, shall discharge or discriminate against an employee
or intern

in compensation or in terms, conditions or privileges of employment
or
internship
for displaying the American flag on the employee's
or
intern�s
person or work station, provided the display does not
substantially and materially interfere with the employee's
or intern�s
job
duties.� An employer who discharges or discriminates against an employee
or
intern
as described in this section shall be liable to the employee
or
intern
for damages caused by the discharge or discrimination, including
punitive damages, and for reasonable attorney's fees as part of the costs of
any action for damages.� If the court determines that the action for damages
was brought without substantial justification, the court may award costs and
reasonable attorney's fees to the employer.

(cf: P.L.2001, c.385, s.1)

���� 9.��� Section 1 of P.L.1986,
c.105 (C.34:19-1) is amended to read as follows:

���� 1.��� This act shall be known
and may be cited as the "Conscientious Employee
and Intern

Protection Act."

(cf: P.L.1986, c.105, s.1)

���� 10.� Section 2 of P.L.1986,
c.105 (C.34:19-2) is amended to read as follows:

���� 2.��� As used in
[
this act
]

P.L.1986,
c.105 (C.34:19-1 et seq.)
:

���� a.��� "Employer"
means any individual, partnership, association, corporation or any person or
group of persons acting directly or indirectly on behalf of or in the interest
of an employer with the employer's consent and shall include all branches of State
Government, or the several counties and municipalities thereof, or any other
political subdivision of the State, or a school district, or any special
district, or any authority, commission, or board or any other agency or
instrumentality thereof.

���� b.���
(1)
������ "Employee"
means any individual who performs services for and under the control and
direction of an employer for wages or other remuneration.

����
(2)� �Intern� means an
individual who performs services for an employer on a temporary basis whose
work: (a) provides training or supplements training given in an educational
environment such that the employability of the individual performing the work
may be enhanced; (b) provides experience for the benefit of the individual
performing the work; and (c) 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.

���� c.��� "Public body"
means:

���� (1)� the United States
Congress, and State legislature, or any popularly-elected local governmental
body, or any member or employee thereof;

���� (2)� any federal, State, or
local judiciary, or any member or employee thereof, or any grand or petit jury;

���� (3)� any federal, State, or
local regulatory, administrative, or public agency or authority, or
instrumentality thereof;

���� (4)� any federal, State, or
local law enforcement agency, prosecutorial office, or police or peace officer;

���� (5)� any federal, State or
local department of an executive branch of government; or

���� (6)� any division, board,
bureau, office, committee or commission of any of the public bodies described
in the above paragraphs of this subsection.

���� d.��� "Supervisor"
means any individual with an employer's organization who has the authority to
direct and control the work performance of the affected employee
or intern
,
who has authority to take corrective action regarding the violation of the law,
rule or regulation of which the employee
or intern
complains, or who has
been designated by the employer on the notice required under section 7 of
[
this act
]

P.L.1986,
c.105 (C.34:19-1 et seq.)
.

���� e.��� "Retaliatory
action" means the discharge, suspension or demotion of an employee
or
intern
, or other adverse employment action taken against an employee
or
intern
in the terms and conditions of
the
employment
or
internship
.

���� f.���� "Improper quality
of patient care" means, with respect to patient care, any practice,
procedure, action or failure to act of an employer that is a health care
provider which violates any law or any rule, regulation or declaratory ruling
adopted pursuant to law, or any professional code of ethics.

(cf: P.L.1997, c.98, s.1)

���� 11.� Section 3 of P.L.1986,
c.105 (C.34:19-3) is amended to read as follows:

���� 3.��� An employer shall not
take any retaliatory action against an employee
or intern
because the
employee
or intern
does any of the following:

���� a.��� Discloses, or threatens
to disclose to a supervisor or to a public body an activity, policy or practice
of the employer, or another employer, with whom there is a business
relationship, that the employee
or intern
reasonably believes:

���� (1)� is in violation of a law,
or a rule or regulation promulgated pursuant to law, including any violation
involving deception of, or misrepresentation to, any shareholder, investor,
client, patient, customer, employee, former employee,
intern, former intern,

retiree or pensioner of the employer or any governmental entity, or, in the
case of an employee
or intern
who is a licensed or certified health care
professional, reasonably believes constitutes improper quality of patient care;
or

���� (2)� is fraudulent or
criminal, including any activity, policy or practice of deception or
misrepresentation which the employee
or intern
reasonably believes may
defraud any shareholder, investor, client, patient, customer, employee, former
employee,
intern, former intern,
retiree or pensioner of the employer or
any governmental entity;

���� b.��� Provides information to,
or testifies before, any public body conducting an investigation, hearing or
inquiry into any violation of law, or a rule or regulation promulgated pursuant
to law by the employer, or another employer, with whom there is a business
relationship, including any violation involving deception of, or
misrepresentation to, any shareholder, investor, client, patient, customer,
employee, former employee,
intern, former intern,
retiree or pensioner
of the employer or any governmental entity, or, in the case of an employee
or
intern
who is a licensed or certified health care professional, provides
information to, or testifies before, any public body conducting an
investigation, hearing or inquiry into the quality of patient care; or

���� c.��� Objects to, or refuses
to participate in any activity, policy or practice which the employee
or
intern
reasonably believes:

���� (1)� is in violation of a law,
or a rule or regulation promulgated pursuant to law, including any violation
involving deception of, or misrepresentation to, any shareholder, investor,
client, patient, customer, employee, former employee,
intern, former intern,

retiree or pensioner of the employer or any governmental entity, or, if the
employee
or intern
is a licensed or certified health care professional,
constitutes improper quality of patient care;

���� (2)� is fraudulent or
criminal, including any activity, policy or practice of deception or
misrepresentation which the employee
or intern
reasonably believes may
defraud any shareholder, investor, client, patient, customer, employee, former
employee,
intern, former intern,
retiree or pensioner of the employer or
any governmental entity; or

���� (3)� is incompatible with a
clear mandate of public policy concerning the public health, safety or welfare
or protection of the environment.

(cf: P.L.2005, c.329, s.1)

���� 12.� Section 4 of P.L.1986,
c.105 (C.34:19-4) is amended to read as follows:

���� 4.��� The protection against
retaliatory action provided by
[
this
act
]

P.L.1986,
c.105 (C.34:19-1 et seq.)
pertaining to disclosure to a public body shall
not apply to an employee
or intern
who makes a disclosure to a public
body unless the employee
or intern
has brought the activity, policy or
practice in violation of a law, or a rule or regulation promulgated pursuant to
law to the attention of a supervisor of the employee
or intern
by
written notice and has afforded the employer a reasonable opportunity to
correct the activity, policy or practice.� Disclosure shall not be required
where the employee
or intern
is reasonably certain that the activity,
policy or practice is known to one or more supervisors of the employer or where
the employee
or intern
reasonably fears physical harm as a result of the
disclosure provided, however, that the situation is emergency in nature.

(cf: P.L.1986, c.105, s.4)

���� 13.� Section 5 of P.L.1986,
c.105 (C.34:19-5) is amended to read as follows:

���� 5.��� Upon a violation of any
of the provisions of
[
this
act
]

P.L.1986,
c.105 (C.34:19-1 et seq.)
, an aggrieved employee or former employee
, or
intern or former intern
may, within one year, institute a civil action in a
court of competent jurisdiction.� Upon the application of any party, a jury
trial shall be directed to try the validity of any claim under
[
this act
]

P.L.1986,
c.105 (C.34:19-1 et seq.)
specified in the suit.� All remedies available in
common law tort actions shall be available to prevailing plaintiffs. These
remedies are in addition to any legal or equitable relief provided by
[
this act
]

P.L.1986,
c.105 (C.34:19-1 et seq.)
or any other statute.� The court shall also
order, where appropriate and to the fullest extent possible:

���� a.��� An injunction
to restrain any violation of
[
this
act
]

P.L.1986,
c.105 (C.34:19-1 et seq.)
which is continuing at the time that the court
issues its order;

���� b.��� The reinstatement of the
employee
or intern
to the same position held before the retaliatory
action, or to an equivalent position;

���� c.��� The reinstatement of
full fringe benefits and seniority rights;

���� d.��� The compensation for all
lost wages, benefits and other remuneration; and

���� e.��� The payment by the
employer of reasonable costs, and attorney's fees.

���� In addition, the court or jury
may order: the assessment of a civil fine of not more than $10,000 for the
first violation of
[
this
act
]

P.L.1986,
c.105 (C.34:19-1 et seq.)
and not more than $20,000 for each subsequent
violation, which shall be paid to the State Treasurer for deposit in the
General Fund; punitive damages; or both a civil fine and punitive damages.� In
determining the amount of punitive damages, the court or jury shall consider
not only the amount of compensatory damages awarded to the employee
or
intern
, but also the amount of all damages caused to shareholders,
investors, clients, patients, customers, employees, former employees,
interns,
former interns,
retirees or pensioners of the employer, or to the public or
any governmental entity, by the activities, policies or practices of the
employer which the employee
or intern
disclosed, threatened to disclose,
provided testimony regarding, objected to, or refused to participate in.

(cf: P.L.2005, c.329, s.2)

���� 14.� Section 6 of P.L1986,
c.105 (C.34:19-6) is amended to read as follows:

���� 6.��� A court, upon notice of
motion in accordance with the Rules Governing the Courts of the State of New
Jersey, may also order that reasonable attorneys' fees and court costs be
awarded to an employer if the court determines that an action brought by an employee

or intern
under
[
this
act
]

P.L.1986,
c.105 (C.34:19-1 et seq.)
was without basis in law or in fact.� However, an
employee
or intern
shall not be assessed attorneys' fees under this
section if, after exercising reasonable and diligent efforts after filing a
suit, the employee
or intern
files a voluntary dismissal concerning the
employer, within a reasonable time after determining that the employer would
not be found to be liable for damages.

(cf: P.L.1986, c.105, s.6)

���� 15.� Section 7 of P.L.1986,
c.105 (C.34:19-7) is amended to read as follows:

���� 7.��� An employer shall
conspicuously display,
[
and
]
annually
distribute to all employees,
and distribute to all interns at the time of
their initial engagement in an internship,
written or electronic notices of
its employees'
and interns�
protections, obligations, rights and
procedures under
[
this
act
]

P.L.1986,
c.105 (C.34:19-1 et seq.)
, and use other appropriate means to keep its
employees
and interns
so informed.� Each notice posted or distributed
pursuant to this section shall be in English, Spanish and at the employer's
discretion, any other language spoken by the majority of the employer's
employees
and interns
.� The notice shall include the name of the person
or persons the employer has designated to receive written notifications
pursuant to section 4 of
[
this
act
]

P.L.1986,
c.105 (C.34:19-1-4)
.� The Commissioner of Labor and Workforce Development
shall make available to employers a text of a notice fulfilling the
requirements of this section and provide copies of the notice suitable for
display and distribution to any employers who request the copies, charging them
as much as is needed to pay the costs of the department. The commissioner shall
also provide notices printed in a language other than English and Spanish, at
the request of the employer.

���� The requirement that an
employer
[
annually
]
distribute to
all employees
and interns
written notices of the protections,
obligations, rights and procedures provided to the employees
and interns

by the provisions of P.L.1986, c.105 (C.34:19-1 et seq.) shall not apply to any
employer who has less than 10 employees
and interns
.

(cf: P.L.2004, c.148, s.1)

���� 16.� Section 8 of P.L.1986,
c.105 (C.34:19-8) is amended to read as follows:

���� 8.��� Nothing in
[
this act
]

P.L.1986,
c.105 (C.34:19-1 et seq.)
shall be deemed to diminish the rights,
privileges, or remedies of any employee
or intern
under any other
federal or State law or regulation or under any collective bargaining agreement
or employment contract; except that the institution of an action in accordance
with
[
this
act
]

P.L.1986,
c.105 (C.34:19-1 et seq.)
shall be deemed a waiver of the rights and
remedies available under any other contract, collective bargaining agreement,
State law, rule or regulation or under the common law.

(cf: P.L.1986, c.105, s.8)

���� 17.� Section 1 of P.L.2006,
c.53 (C.34:19-9) is amended to read as follows:

���� 1.��� For the purposes of
[
this act
]

P.L.2006,
c.53 (C.34:19-9 et seq.)
:

���� "Employer" means a
person engaged in business who has employees
or interns
, including the
State and any political subdivision or other instrumentality of the State.

���� "Employee" means any
person engaged in service to an employer for wages, salary or other
compensation.

����
�Intern� means an intern as
defined in paragraph (2) of subsection b. of section 2 of P.L.1986, c.105
(C.34:19-2).

���� "Political matters"
include political party affiliation and decisions to join or not join
or participate in any lawful political, social, or community organization or
activity.

(cf: P.L.2006, c.53, s.1)

���� 18.� Section 2 of P.L.2006,
c.53 (C.34:19-10) is amended to read as follows:

���� 2.��� No employer or
employer's agent, representative or designee may, except as provided in section
3 of
[
this
act
]

P.L.2006,
c.53 (C.34:19-11)
, require its employees
or interns
to attend
an employer-sponsored meeting or participate in any communications with the
employer or its agents or representatives, the purpose of which is to
communicate the employer's opinion about religious or political matters.

����
[
This act
]

P.L.2006,
c.53 (C.34:19-9 et seq.)
shall not be construed as prohibiting an employer
from permitting its employees
or interns
to voluntarily attend
employer-sponsored meetings or providing other communications to the employees
or
interns
, if the employer notifies the employees
or interns
that they
may refuse to attend the meetings or accept the communications without penalty.

(cf: P.L.2006, c.53, s.2)

���� 19.� Section 3 of P.L.2006,
c.53 (C.34:19-11) is amended to read as follows:

���� 3.��� a.� An employer or its
agent, representative or designee may communicate to employees
and interns

information about religious or political matters that the employer is required
by law to communicate, but only to the extent required by law.

���� b.��� Nothing in
[
this act
]

P.L.2006,
c.53 (C.34:19-9 et seq.)
shall prohibit:

���� (1)� A religious organization
from requiring its employees
or interns
to attend an employer-sponsored
meeting or to participate in any communications with the employer or its agents
or representatives, the purpose of which is to communicate the employer's
religious beliefs, practices or tenets;

���� (2)� A political organization
or party from requiring its employees
or interns
to attend an
employer-sponsored meeting or to participate in any communications with the
employer or its agents or representatives, the purpose of which is to
communicate the employer's political tenets or purposes; or

���� (3)� An educational
institution from requiring a student or instructor to attend lectures on
political or religious matters that are part of the regular course work at the
institution.

(cf: P.L.2006, c.53, s.3)

���� 20.� Section 4 of P.L.2006,
c.53 (C.34:19-12) is amended to read as follows:

���� 4.��� No employer or
employer's agent, representative or designee shall discharge, discipline or
otherwise penalize or threaten to discharge, discipline or otherwise penalize
any employee
or intern
because the employee
or intern
, or a
person acting on behalf of the employee
or intern
, makes a good faith
report, verbally or in writing, of a violation or suspected violation of
[
this act
]

P.L.2006,
c.53 (C.34:19-9 et seq.)
.

(cf: P.L.2006, c.53, s.4)

���� 21.� Section 5 of P.L.2006,
c.53 (C.34:19-13) is amended to read as follows:

���� 5.��� Any aggrieved employee
or
intern
may enforce the provisions of
[
this
act
]

P.L.2006,
c.53 (C.34:19-9 et seq.)
by means of a civil action brought no later than
ninety days after the date of the alleged violation in a court of competent jurisdiction.� The court shall award a prevailing employee
or intern
all appropriate
relief, including any of the following which are applicable to the violation:

���� a.��� A restraining order
against any continuing violation;

���� b.��� The reinstatement of the
employee
or intern
to the employee's
or intern�s
former position
or an equivalent position and the reestablishment of any employee benefits and
seniority rights;

���� c.��� The payment of any lost
wages, benefits or other remuneration; and

���� d.��� The payment of
reasonable attorneys' fees and costs of the action.

���� In addition, the court may
award the prevailing employee
or intern
punitive damages not greater
than treble damages, or an assessment of a civil fine of not more than $1,000
for a first violation of
[
the
act
]

P.L.2006,
c.53 (C.34:19-9 et seq.)
and not more than $5,000 for each subsequent
violation, which shall be paid to the State Treasurer for deposit in the
General Fund.

(cf: P.L.2006, c.53, s.5)

���� 22.� Section 6 of P.L.2006,
c.53 (C.34:19-14) is amended to read as follows:

���� 6.��� Nothing in
[
this act
]

P.L.2006,
c.53 (C.34:19-9 et seq.)
shall be construed to limit an employee's
or
intern�s
right to bring a common law
tort
cause of action against an
employer
, including an action
for wrongful termination
,
or to
diminish or impair the rights of a person under any collective bargaining
agreement.

(cf: P.L.2006, c.53, s.6)

���� 23.� This act shall take
effect on the first day of the third month next following enactment, and apply
to any violation against an intern occurring on or after the effective date.

STATEMENT

����� The bill designated the �New Jersey Intern Protection
Act,� provides legal protections and remedies for persons engaged in
internships with employers.� It does so by adding interns to the provisions of
the �Law Against Discrimination,� P.L.1945, c.169 (C.10:5-1 et seq.), the
�Conscientious Employee Protection Act,� P.L.1986, c.105 (C.34:19-1 et seq.),
and P.L.2006, c.53 (C.34:19-9 et seq.), sometimes referred to as the
Worker Freedom From Employer Intimidation Act.

����� Under all three enactments, an intern would be
defined as 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� includes individuals without regard to whether the
employer pays them a salary or wage.

����� An intern would not only have recognized and
enforceable legal protections from various forms of employer discrimination,
retaliatory acts, and intimidation relative to religious and political matters
in the workplace, the State would also have the authority, under the �Law
Against Discrimination,� P.L.1945, c.169 (C.10:5-1 et seq.), to bring actions
against employers.� In addition, nothing within the provisions of this bill or
the various past legislative acts amended by this bill would prevent an intern from
seeking protections or receiving remedies pursuant to any applicable federal
law, other State law, or the common law.