Prohibits discrimination on basis of height or weight under "Law Against Discrimination."

A4563

ASSEMBLY, No. 4563

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 10, 2026

Sponsored by:

Assemblywoman� ROSAURA "ROSY" BAGOLIE

District 27 (Essex and Passaic)

Assemblywoman� ANNETTE QUIJANO

District 20 (Union)

Co-Sponsored by:

Assemblywoman Haider

SYNOPSIS

���� Prohibits discrimination on basis of height or weight
under "Law Against Discrimination."

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning discrimination on the basis of height or
weight and amending P.L.1945, c.169, P.L.1954, c.198, and P.L.1992, c.146.

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

���� 1.��� 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,
or height or weight,
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
, or height or weight
of that person or that person's family
members, partners, members, stockholders, directors, officers, managers,
superintendents, agents, employees, 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 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)

���� 2.��� 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, 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,
or height or
weight
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)

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

���� 6.��� There is created in the
Department of Law and Public Safety a division known as "The Division on
Civil Rights" with power to prevent and eliminate discrimination in the
manner prohibited by this act against persons because of race, creed, color,
national origin, ancestry, age, marital status, affectional or sexual
orientation, gender identity or expression, familial status, nationality,
disability,
[
or
]
,
sex
[
or
]
,

because of their liability for service in the Armed Forces of the United
States,
or height or weight
by employers, labor organizations,
employment agencies or other persons and to take other actions against
discrimination because of race, creed, color, national origin, ancestry,
marital status, sex, familial status, nationality, disability,
[
or
]
age
[
or
]
,

because of their liability for service in the Armed Forces of the United
States,
or height or weight,
as herein provided; and the division
created hereunder is given general jurisdiction and authority for such
purposes.

(cf: P.L.2006, c.100, s.5)

���� 4. Section 8 of P.L.1945,
c.169 (C.10:5-8) is amended to read as follows:

���� 8.��� The Attorney General
shall:

���� a.���� Exercise all powers of
the division not vested in the commission.

���� b.��� Administer the work of
the division.

���� c.���� Organize the division
into sections, which shall include but not be limited to a section which shall
receive, investigate, and act upon complaints alleging discrimination against
persons because of race, creed, color, national origin, ancestry, age, marital
status, affectional or sexual orientation, gender identity or expression,
familial status, disability, nationality
[
or
]
,
sex
[
or
]
,

because of their liability for service in the Armed Forces of the United States
,
or height or weight
; and another which shall, in order to eliminate
prejudice and to further good will among the various racial and religious and
nationality groups in this State, study, recommend, prepare and implement, in
cooperation with such other departments of the State Government or any other
agencies, groups or entities both public and private, such educational and
human relations programs as are consonant with the objectives of this act; and
prescribe the organization of said sections and the duties of his subordinates
and assistants.

���� d.��� Appoint a Director of
the Division on Civil Rights, who shall act for the Attorney General, in the
Attorney General's place and with the Attorney General's powers, which
appointment shall be subject to the approval of the commission and the
Governor, a deputy director and such assistant directors, field representatives
and assistants as may be necessary for the proper administration of the
division and fix their compensation within the limits of available
appropriations.� The director, deputy director, assistant directors, field
representatives and assistants shall not be subject to the Civil Service Act
and shall be removable by the Attorney General at will.

���� e.���� Appoint such clerical
force and employees as the Attorney General may deem necessary and fix their
duties, all of whom shall be subject to the Civil Service Act.

���� f.���� Maintain liaison with
local and State officials and agencies concerned with matters related to the
work of the division.

���� g.��� Adopt, promulgate,
amend, and rescind suitable rules and regulations to carry out the provisions
of this act.

���� h.��� Conduct investigations,
receive complaints and conduct hearings thereon other than those complaints
received and hearings held pursuant to the provisions of this act.

���� i.���� In connection with any
investigation or hearing held pursuant to the provisions of this act, subpoena
witnesses, compel their attendance, administer oaths, take the testimony of any
person, under oath, and, in connection therewith, require the production for
examination of any books or papers relating to any subject matter under
investigation or in question by the division and conduct such discovery
procedures which may include the taking of interrogatories and oral depositions
as shall be deemed necessary by the Attorney General in any investigation.� The
Attorney General may make rules as to the issuance of subpoenas by the
director.� The failure of any witness when duly subpoenaed to attend, give
testimony, or produce evidence shall be punishable by the Superior Court of New
Jersey in the same manner as such failure is punishable by such court in a case
therein pending.

���� j.���� Issue such publications
and such results of investigations and research tending to promote good will
and to minimize or eliminate discrimination because of race, creed, color,
national origin, ancestry, age, marital status, affectional or sexual orientation,
gender identity or expression, familial status, disability, nationality
[
or
]
,
sex,
or
height or weight,
as the commission shall direct, subject to available
appropriations.

���� k.��� Render each year to the
Governor and Legislature a full written report of all the activities of the
division.

���� l.���� Appoint, subject to the
approval of the commission, a panel of not more than five hearing examiners,
each of whom shall be duly licensed to practice law in this State for a period
of at least five years, and each to serve for a term of one year and until his
successor is appointed, any one of whom the director may designate in his place
to conduct any hearing and recommend findings of fact and conclusions of law.�
The hearing examiners shall receive such compensation as may be determined by
the Attorney General, subject to available appropriations.

(cf: P.L.2006, c.100, s.6)

���� 5.��� Section 1 of P.L.1954,
c.198 (C.10:5-9.1) is amended to read as follows:

���� 1.��� The Division on Civil
Rights in the Department of Law and Public Safety shall enforce the laws of
this State against discrimination in housing built with, or leased with the
assistance of, public funds or public assistance, pursuant to any law, and in
real property, as defined in the law hereby supplemented, because of race,
religious principles, color, national origin, ancestry, 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
, or height or
weight
.� The said laws shall be so enforced in the manner prescribed in the
act to which this act is a supplement.

(cf: P.L.2017, c.184, s.2)

���� 6.��� Section 9 of P.L.1945,
c.169 (C.10:5-10) is amended to read as follows:

���� 9.��� The commission shall:

���� a.���� Consult with and advise
the Attorney General with respect to the work of the division.

���� b.��� Survey and study the
operations of the division.

���� c.���� Report to the Governor
and the Legislature with respect to such matters relating to the work of the
division and at such times as it may deem in the public interest.

���� The mayors or chief executive
officers of the municipalities in the State may appoint local commissions on
civil rights to aid in effectuating the purposes of this act.� Such local
commissions shall be composed of representative citizens serving without compensation.
Such commissions shall attempt to foster through community effort or otherwise,
good will, cooperation and conciliation among the groups and elements of the
inhabitants of the community, and they may be empowered by the local governing
bodies to make recommendations to them for the development of policies and
procedures in general and for programs of formal and informal education that
will aid in eliminating all types of discrimination based on race, creed,
color, national origin, ancestry, age, marital status, affectional or sexual
orientation, gender identity or expression,� familial status, disability,
nationality
[
or
]
,
sex

or height or weight
.

(cf: P.L.2006, c.100, s.8)

���� 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,
or because of the height or weight of any
individual, except in any circumstance in which the height or weight of an
individual is a bona fide occupational qualification,
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 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; 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 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,
or because of the height or weight of any individual,
except in any circumstance in which the height or weight of an individual is a
bona fide occupational qualification,
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, 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 because of the
height or weight of any individual, except in any circumstance in which the
height or weight of an individual is a bona fide occupational qualification,

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 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
, or because of the height or weight of any individual,
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.�
Notwithstanding
any provision of law to the contrary, an owner, lessee, proprietor, manager,
superintendent, agent, or employee of any place of public accommodation may
deny accommodations, advantages, facilities, or privileges of any such place on
the basis of height or weight for bona fide safety reasons.

���� (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
]
,
or because of the height or weight of any individual
.

���� 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
, or because of the height
or weight of any individual
;

���� (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
, or because of the height or weight of
any individual
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 because of the height or weight of any
individual,
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 because of the height
or weight of any individual,
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
, or because of
the height or weight of any individual
;

���� (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
, or because of the height
or weight of any individual
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 because of the height
or weight of any individual,
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,
or the height or weight of any individual,
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 because of the height or weight of any individual,
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
, or because of the height
or weight of any individual,
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
, or because of the height
or weight of any individual,
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
,
or because of the height or weight
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
, or because of
the height or weight of any individual
.

���� 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 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 place
of employment 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 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 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 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.

���� 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
[
a
]

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,
or height or weight of any individual,
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 12 of P.L.1992,
c.146 (C.10:5-12.5) is amended to read as follows:

���� 12.� a.� It shall be an
unlawful discrimination for a municipality, county, or other local civil or
political subdivision of the State of New Jersey, or an officer, employee, or
agent thereof, to exercise the power to regulate land use or housing in a manner
that discriminates on the basis of race, creed, color, national origin,
ancestry, marital status, familial status, sex, gender identity or expression,
liability for service in the Armed Forces of the United States, nationality,
[
or
]
,

disability
, or because of the height or weight of any individual
.

���� b.��� The provisions of
subsection a. of this section may only be enforced by initiating an action in
Superior Court pursuant to paragraph (2) of subsection a. of section 12 of
P.L.1945, c.169 (C.10:5-13).� The restrictions of this subsection shall not
apply to claims alleging discrimination in housing owned or managed by a
municipality, county or other local civil or political subdivision of the State
of New Jersey where such discrimination is otherwise prohibited by section 11
of P.L.1945, c.169 (C.10:5-12).

(cf: P.L.2019, c.436, s.4)

���� 9.� This act shall take effect
immediately.

STATEMENT

���� This bill prohibits
discrimination on the basis of height or weight under the �Law Against
Discrimination� (LAD).

���� Studies have documented that
individuals are discriminated against for their height or weight.� Under
current State law, this discrimination is permissible.� This bill is modeled
after the civil rights law in Michigan, which prohibits discrimination in employment,
education, housing, public accommodations, and public service on the basis of
height or weight, among other reasons for discrimination.� The bill provides
exceptions for employment and public accommodation for bone fide occupational
qualifications and safety reasons, respectively.