Enhances protections under Law Against Discrimination for immigrants and persons who are not United States citizens.

S3792

SENATE, No. 3792

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 5, 2026

Sponsored by:

Senator� M. TERESA RUIZ

District 29 (Essex and Hudson)

SYNOPSIS

���� Enhances protections under Law Against Discrimination
for immigrants and persons who are not United States citizens.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning unlawful discrimination against immigrants
and non-citizens, amending various parts of the statutory law and supplementing
chapter 5 of Title 10 of the Revised Statutes.

����
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,
immigration status,
citizenship status,
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
United States

citizens
, non-United States citizens,
and
[
aliens
]

immigrants
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,
immigration
status, citizenship status,
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, 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.� Obtaining employment and
privileges without discrimination; civil right.

���� 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
unlawful

discrimination because of race, creed, color, national origin,
immigration
status, citizenship status,
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
and
subject to the provisions of P.L.1945, c.169 (C.10:5-1 et seq.)
.� This
opportunity is recognized as and declared to be a civil right.

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

���� 3.� 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 and
"hiring entities" as defined by section 2 of P.L.2023, c.262
(C.34:11-70), 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.���� (Deleted by amendment,
P.L.2023, c.262)

���� 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
]

the
�
control
of a natural parent or one in loco parentis
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,
immigration status, citizenship status,

ancestry, gender identity, or expression or affectional or sexual orientation
in the admission of students.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

���� kk.� "Bisexuality"
means affectional, emotional, or physical attraction or behavior which is
directed towards persons of multiple genders.

���� 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"
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 pay"
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.

����
yy. ��Citizenship status�
means an individual�s status as a citizen or national of the United States or a
country or countries other than the United States.

����
zz. ��Immigration status�
means an individual�s category of presence in the United States, including but
not limited to, naturalized citizen, permanent resident, asylee, refugee, work
authorization holder, or undocumented individual.

(cf: P.L.2023, c.262, s.3)

���� 4.� 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
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
against persons because of race, creed, color,
national origin,
immigration status, citizenship status,
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, by
employers, labor organizations, employment agencies or other persons and to
take other actions against
unlawful
discrimination because of race,
creed, color, national origin,
immigration status, citizenship status,

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, 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)

���� 5.� 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
]

Division
on Civil Rights
not vested in the
[
commission
]

Commission
on Civil Rights
.

���� 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
unlawful

discrimination against persons because of race, creed, color, national origin,
immigration
status, citizenship status,
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; and another which shall, in order to eliminate
prejudice and to further good will among
[
the
various racial and religious and nationality groups
]

all people
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
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
; and prescribe the organization of
[
said
]

the

sections and the duties of
[
his
]

the
Attorney General�s
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
]

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

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

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

���� i.���� In connection with any
investigation or hearing held pursuant to the provisions of
[
this act
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
, 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
unlawful
discrimination because of race,
creed, color, national origin,
immigration status, citizenship status,

ancestry, age, marital status, affectional or sexual orientation, gender
identity or expression, familial status, disability, nationality or sex, 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
]

such
examiner�s
successor is appointed, any one of whom the director may
designate in
[
his
]

the
director�s
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)

���� 6.� 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
unlawful
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,
immigration
status, citizenship status,
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.
[
The said
]

These

laws shall be
[
so
]
enforced in
the manner prescribed in
[
the
act to which this act is a supplement
]

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

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

���� 7.� 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
]

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

These

local commissions shall be composed of representative citizens serving without
compensation.
[
Such
]

The
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
unlawful
discrimination based on race, creed,
color, national origin,
immigration status, citizenship status,

ancestry, age, marital status, affectional or sexual orientation, gender
identity or expression, familial status, disability, nationality or sex.

(cf: P.L.2006, c.180, s.8)

���� 8.� 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,
immigration status or
citizenship status except to the extent permitted under section 9 of P.L.��� ,
c.��� (C.�������� ) pending before the Legislature as this bill),
�ancestry,
age, marital status, civil union status, domestic partnership status,
affectional or sexual orientation, genetic information, pregnancy or
breastfeeding, sex, gender identity or expression, disability or atypical
hereditary cellular or blood trait of any individual, or because of the
liability for service in the Armed Forces of the United States or the
nationality of any individual, or because of the refusal to submit to a genetic
test or make available the results of a genetic test to an employer, to refuse
to hire or employ or to bar or to discharge or require to retire, unless justified
by lawful considerations other than age, from employment such individual or to
discriminate against such individual in compensation or in terms, conditions or
privileges of employment; provided, however, it shall not be an unlawful
employment practice to refuse to accept for employment an applicant who has
received a notice of induction or orders to report for active duty in the armed
forces; provided further that nothing herein contained shall be construed to
bar an employer from refusing to accept for employment any person on the basis
of sex in those certain circumstances where sex is a bona fide occupational
qualification, reasonably necessary to the normal operation of the particular
business or enterprise; provided further that it shall not be an unlawful
employment practice for a club exclusively social or fraternal to use club
membership as a uniform qualification for employment, or for a religious
association or organization to utilize religious affiliation as a uniform
qualification in the employment of clergy, religious teachers or other
employees engaged in the religious activities of the association or
organization, or in following the tenets of its religion in establishing and
utilizing criteria for employment of an employee;
and
provided further,
that it shall not be an unlawful employment practice to require the retirement
of any employee who, for the two-year period immediately before retirement, is
employed in a bona fide executive or a high policy-making position, if that
employee is entitled to an immediate non-forfeitable annual retirement benefit
from a pension, profit sharing, savings or deferred retirement plan, or any
combination of those plans, of the employer of that employee which equals in
the aggregate at least $27,000.00; and provided further that an employer may
restrict employment to citizens of the United States where such restriction is
required by federal law or is otherwise necessary to protect the national
interest.

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

���� For 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,
immigration
status or citizenship status except to the extent permitted under section 9 of
P.L.��� , c.��� (C.�������� ) pending before the Legislature as this bill),

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

���� c.���� For any employer or
employment agency to print or circulate or cause to be printed or circulated
any statement, advertisement or publication, or to use any form of application
for employment, or to make an inquiry in connection with prospective employment,
which expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin,
immigration status
or citizenship status except to the extent permitted under section 9 of P.L.���
, c.��� (C.�������� ) pending before the Legislature as this bill),
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
]

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

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,
immigration status or citizenship status except to the extent
permitted under section 9 of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill),
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,
immigration status or citizenship status except to the extent
permitted under section 9 of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill),
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,
immigration status or citizenship
status except to the extent permitted under section 9 of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill),
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,
immigration
status or citizenship status except to the extent permitted under section 9 of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill),

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,
immigration
status or citizenship status except to the extent permitted under section 9 of
P.L. , c. (C. ) (pending
before the Legislature as this bill),
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)
;

����
(6) To make any inquiry regarding
or based on the immigration status or citizenship status of a tenant, occupant,
or prospective tenant or occupant of residential rental property, or to require
that any such person disclose or make any statement, representation, or
certification concerning such person�s immigration status or citizenship
status, except to the extent permitted under section 9 of P.L.��� �, c.��� �(C.�������
�) (pending before the Legislature as this bill); or

����
(7) To threaten to disclose
or actually disclose information regarding or relating to the immigration
status or citizenship status of a tenant, occupant, prospective tenant or
occupant, or other person known to be associated with a tenant, occupant, or prospective
tenant or occupant, for the purpose of, or with the intent of, harassing or
intimidating a tenant, occupant, or prospective tenant or occupant; influencing
a tenant or occupant to vacate a dwelling; recovering possession of a dwelling
from a tenant or occupant; or taking reprisals against a tenant, occupant, or
prospective tenant or occupant under subsection d. of this section
.

���� 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,
immigration
status or citizenship status except to the extent permitted under section 9 of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill),

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,
immigration status or citizenship status except to the
extent permitted under section 9 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill),
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,
immigration
status or citizenship status except to the extent permitted under section 9 of
P.L.��� , c.��� (C. ) (pending
before the Legislature as this bill),
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,
immigration
status or citizenship status except to the extent permitted under section 9 of
P.L. , c. (C. ) (pending
before the Legislature as this bill),
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,
immigration
status or citizenship status except to the extent permitted under section 9 of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill),

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,
immigration status or citizenship status except to
the extent permitted under section 9 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill),
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 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,
immigration status or
citizenship status except to the extent permitted under section 9 of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill),
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,
immigration
status or citizenship status except to the extent permitted under section 9 of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill),

ancestry, age, pregnancy or breastfeeding, sex, gender identity or expression,
affectional or sexual orientation, marital status, civil union status, domestic
partnership status, liability for service in the Armed Forces of the United
States, disability, nationality, or source of lawful income used for rental or
mortgage payments of such other person or of such other person's family
members, partners, members, stockholders, directors, officers, managers,
superintendents, agents, employees, business associates, suppliers, or
customers.� This subsection shall not prohibit refusals or other actions (1)
pertaining to employee-employer collective bargaining, labor disputes, or
unfair labor practices, or (2) made or taken in connection with a protest of
unlawful discrimination or unlawful employment practices.

���� m.�� For any person to:

���� (1)�� Grant or accept any
letter of credit or other document which evidences the transfer of funds or
credit, or enter into any contract for the exchange of goods or services, where
the letter of credit, contract, or other document contains any provisions requiring
any person to discriminate against or to certify that
[
he, she or it
]

such person

has not dealt with any other person on the basis of the race, creed, color,
national origin, ancestry, age, pregnancy or breastfeeding, sex, gender
identity or expression, affectional or sexual orientation, marital status,
civil union status, domestic partnership status, disability, liability for
service in the Armed Forces of the United States, or nationality of such other
person or of such other person's family members, partners, members,
stockholders, directors, officers, managers, superintendents, agents,
employees, business associates, suppliers, or customers.

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

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

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

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

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

���� o.��� For any multiple listing
service, real estate brokers' organization or other service, organization or
facility related to the business of selling or renting dwellings to deny any
person access to or membership or participation in such organization, or to
discriminate against such person in the terms or conditions of such access,
membership, or participation, on account of race, creed, color, national
origin,
immigration status or citizenship status except to the extent
permitted under section 9 of
P.L. , c. (C. ) (pending
before the Legislature as this bill),
ancestry, age, marital status, civil
union status, domestic partnership status, familial status, pregnancy or
breastfeeding, sex, gender identity or expression, affectional or sexual
orientation, disability, liability for service in the Armed Forces of the
United States or nationality.

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

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

the employee�s

religious requirements. Nothing in this subsection q. shall be construed as
reducing:

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

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

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

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

the
person�s
religion,
[
he
]

the person

observes as
[
his
]

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

the
person�s
place of employment and
[
his
]

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

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

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

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

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

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

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

an
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
]

an
individual
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
]

the
employee�s
physician, requests the accommodation, and, in the case of
[
a
]

an

employee
[
breast
feeding her
]

breastfeeding the employee�s
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
]

breastfeeding
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,
immigration status, citizenship status,

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)

���� 9.�� (New section) Immigration
status or citizenship status, disclosures, verification.

���� a.� It shall not be an
unlawful employment practice or an unlawful discrimination pursuant to
P.L.1945, c. 169 (C.10:5-1 et seq.), for any person to discriminate on the
basis of immigration status or citizenship status, or to make any inquiry as to
a person�s immigration status or citizenship status, or to give preference to a
person who is a citizen or national of the United States over an equally
qualified person who is a not a citizen or national of the United States, when
such discrimination, inquiry, or preference is required or expressly permitted
by federal or state law or regulation. In addition, nothing in P.L.1945, c.169
(C.10:5-1 et seq.) shall be interpreted to prohibit inquiries or determinations
based on immigration status or citizenship status when such actions are
necessary to obtain the benefits of a federal or state program.

���� b.� Nothing in P.L.1945, c.169
(C.10:5-1 et seq.) shall be interpreted to prohibit disclosures of information
regarding or relating to the immigration status or citizenship status of a
person, where required or expressly permitted by federal or state law or
regulation or when in compliance with any legal obligation under a subpoena,
warrant issued by a court, or order issued by a court.

���� c. Nothing in P.L.1945, c.169
(C.10:5-1 et seq.) shall be interpreted to prohibit verification of immigration
status or citizenship status or any discrimination based upon verified
immigration status or citizenship status, where required or expressly permitted
by federal or state law or regulation. Nothing in P.L.1945, c.169 (C.10:5-1 et
seq.) shall be construed to alter an employer�s rights or obligations under the
federal �Immigration and Nationality Act,� 8 U.S.C. s.1324a, regarding
obtaining documentation evidencing identity and authorization for employment.
Any action taken by an employer that is required by 8 U.S.C. s.1324a is not a
violation of P.L.1945, c.169 (C.10:5-1 et seq.).

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

STATEMENT

���� This bill enhances protections
under the Law Against Discrimination (�LAD�) for immigrants and non-citizens.

����
Immigration Status.�
The bill adds immigration status as a
protected characteristic in employment, housing, and public accommodations.�
The bill defines the term as �an individual�s category of presence in the
United States, including but not limited to, naturalized citizen, permanent
resident, asylee, refugee, work authorization holder, or undocumented
individual.�

����
Citizenship Status.
Citizenship status is also added by the
bill as a protected characteristic in employment, housing, and public
accommodations. The bill defines �citizenship status� as �an individual�s
status as a citizen or national of the United States or a country or countries
other than the United States.�

���� Housing
Protections; Exceptions
. The bill prohibits a housing provider from
asking about a person�s immigration status or citizenship status or requiring
that the person disclose or make any statement, representation, or
certification concerning the person�s immigration or citizenship status.� The
bill also prohibits a housing provider from threatening to disclose or actually
disclosing information about the immigration or citizenship status of a tenant,
occupant, or prospective tenant or occupant to harass or intimidate the person,
influence the person to vacate a dwelling, recover possession of a dwelling, or
retaliate against the person.� The bill makes an exception to the protections
for immigration or citizenship status if distinctions based on immigration or
citizenship are required by federal or state law or regulation, or if
distinctions are necessary to obtain the benefits of a federal or state
program.� The bill provides that disclosure of information concerning
immigration or citizenship status is not prohibited where required or permitted
by federal or state law or regulation.

����
Gender-neutral Language.
The bill changes gendered language
in the LAD to gender-neutral language.

����
Unlawful Discrimination.
The bill adds the term �unlawful�
before the term �discrimination� throughout the LAD to clarify that the LAD
prohibits only unlawful discrimination.� The LAD does not apply to
discrimination that may be lawful.� For example, practices that result in a disproportionately
negative impact on members of a protected class constitute unlawful
discrimination only if the entity engaging in the practices cannot show that it
is using the practices for a substantial, legitimate, nondiscriminatory
interest or cannot show that there is a less discriminatory alternative that
meets that interest. �