Concerns housing discrimination based on source of lawful income.

S4047

SENATE, No. 4047

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 23, 2026

Sponsored by:

Senator� ANGELA V. MCKNIGHT

District 31 (Hudson)

SYNOPSIS

���� Concerns housing discrimination based on source of
lawful income.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning housing discrimination based on source of lawful income, and
amending P.L.1945, c.169.

����
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 source of lawful income used for rental or mortgage
payments,
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 source of lawful income used for rental or mortgage
payments
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 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
]

that
person�s
control is hereby affirmed; nor shall anything herein contained be
construed to bar any private secondary or post-secondary school from using in
good faith criteria other than race, creed, color, national origin, ancestry,
gender identity, or expression or affectional or sexual orientation in the
admission of students.

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

���� n.� The term "real
property" includes real estate, lands, tenements and hereditaments,
corporeal and incorporeal, and leaseholds, provided, however, that, except as
to publicly assisted housing accommodations, the provisions of this act shall not
apply to the rental:� (1) of a single apartment or flat in a two-family
dwelling, the other occupancy unit of which is occupied by the owner as a
residence; or (2) of a room or rooms to another person or persons by the owner
or occupant of a one-family dwelling occupied by the owner or occupant as a
residence at the time of such rental.� Nothing herein contained shall be
construed to bar any religious or denominational institution or organization,
or any organization operated for charitable or educational purposes, which is
operated, supervised, or controlled by or in connection with a religious
organization, in the sale, lease, or rental of real property, from limiting
admission to or giving preference to persons of the same religion or
denomination or from making such selection as is calculated by such
organization to promote the religious principles for which it is established or
maintained.� Nor does any provision under this act 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.� "Source of lawful
income" means any source of income lawfully obtained or any source of
rental or mortgage payment lawfully obtained including, but not limited to, any
federal, State, or local public assistance or housing assistance voucher or
funds, including Section 8 housing choice vouchers, temporary rental assistance
programs or State rental assistance programs; rental assistance funds provided
by a nonprofit organization; federal, State, or local benefits, including
disability benefits and veterans� benefits; court-ordered payments, including,
but not limited to, child support, alimony, or damages; and any form of lawful
currency tendered, without regard to whether the currency is tendered in the
form of cash, check, money order, or other lawful means.

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

���� 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
]

P.L.1945,
c.169 (C.10:5-1 et seq.)
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
,
source of lawful income used for rental or mortgage payments,
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, ancestry, marital status, sex, familial status,
nationality, disability,
[
or
]
age
, source
of lawful income used for rental or mortgage payments,
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)

���� 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
unlawful

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 source of lawful income used for rental or mortgage payments,
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 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, ancestry, age, marital status, affectional or
sexual orientation, gender identity or expression, familial status, disability,
nationality
[
or
]

,
sex,

or source of lawful income used for rental or mortgage payments,
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)

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

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

����� a.�� For
an employer, because of the race, creed, color, national origin, ancestry, age,
marital status, civil union status, domestic partnership status, affectional or
sexual orientation, genetic information, pregnancy or breastfeeding, sex,
gender identity or expression, disability or atypical hereditary cellular or
blood trait of any individual, or because of the liability for service in the
Armed Forces of the United States or the nationality of any individual, or
because of the refusal to submit to a genetic test or make available the
results of a genetic test to an employer, to refuse to hire or employ or 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, 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 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, ancestry, marital status,
civil union status, domestic partnership status, pregnancy or breastfeeding,
sex, gender identity or expression, affectional or sexual orientation,
disability, liability for service in the Armed Forces of the United States or
nationality of such person, or that the patronage or custom thereat of any
person of any particular race, creed, color, national origin, ancestry, marital
status, civil union status, domestic partnership status, pregnancy or
breastfeeding status, sex, gender identity or expression, affectional or sexual
orientation, disability, liability for service in the Armed Forces of the
United States or nationality is unwelcome, objectionable or not acceptable,
desired or solicited, and the production of any such written or printed
communication, notice or advertisement, purporting to relate to any such place
and to be made by any owner, lessee, proprietor, superintendent or manager
thereof, shall be presumptive evidence in any action that the same was
authorized by such person; provided, however, that nothing contained herein
shall be construed to bar any place of public accommodation which is in its
nature reasonably restricted exclusively to individuals of one sex, and which
shall include but not be limited to any summer camp, day camp, or resort camp,
bathhouse, dressing room, swimming pool, gymnasium, comfort station,
dispensary, clinic or hospital, or school or educational institution which is
restricted exclusively to individuals of one sex, provided individuals shall be
admitted based on their gender identity or expression, from refusing, withholding
from or denying to any individual of the opposite sex any of the
accommodations, advantages, facilities or privileges thereof on the basis of
sex; provided further, that the foregoing limitation shall not apply to any
restaurant as defined in R.S.33:1-1 or place where alcoholic beverages are
served.

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

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

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

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

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

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

����� (4)� To
refuse to sell, rent, lease, assign, or sublease or otherwise to deny to or
withhold from any person or group of persons any real property or part or
portion thereof because of the source of any lawful income received by the
person or the source of any lawful rent payment to be paid for the real
property
, including, but not limited to, by refusing to accept as payment
any source of lawful income or by applying, in assessing eligibility for the
rental of housing, any minimum income requirement or financial standard that is
not based exclusively on the portion of the rent to be paid by the tenant
;
or

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

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

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

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

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

����� (4)� To
refuse to sell, rent, lease, assign, or sublease or otherwise to deny to or
withhold from any person or group of persons any real property or part or
portion thereof because of the source of any lawful income received by the
person or the source of any lawful rent payment to be paid for the real
property
, including, but not limited to, by refusing to accept as payment
any source of lawful income, or by applying, in assessing eligibility for the
rental of housing, any minimum income requirement or financial standard that is
not based exclusively on the portion of the rent to be paid by the tenant
;
or

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

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

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

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

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

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

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

����� j.��� For
any person whose activities are included within the scope of this act to refuse
to post or display such notices concerning the rights or responsibilities of
persons affected by
[
this act
]

P.L.1945, c.169 (C.10:5-1 et seq.)
as the
Attorney General may by regulation require.

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

����� l.��� For
any person to refuse to buy from, sell to, lease from or to, license, contract
with, or trade with, provide goods, services or information to, or otherwise do
business with any other person on the basis of the race, creed, color, national
origin, ancestry, age, pregnancy or breastfeeding, sex, gender identity or
expression, affectional or sexual orientation, marital status, civil union
status, domestic partnership status, liability for service in the Armed Forces
of the United States, disability, nationality, or source of lawful income used
for rental or mortgage payments of such other person or of such other person's
family members, partners, members, stockholders, directors, officers, managers,
superintendents, agents, employees, 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, ancestry, age, marital status, civil union status, domestic
partnership status, familial status, pregnancy or breastfeeding, sex, gender
identity or expression, affectional or sexual orientation, disability,
liability for service in the Armed Forces of the United States or nationality.

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

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

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

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

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

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

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

the
person�s
religion,
[
he
]

the person
observes as
[
his
]

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

the person�s
place of employment and
[
his
]

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

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

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

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

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

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

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

the person
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
]
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
]

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 or expressing milk for breastfeeding,
or medical conditions related to pregnancy, childbirth, or breastfeeding,
including recovery from childbirth.

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

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

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

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

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

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

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

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

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

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

STATEMENT

���� This bill amends the "Law
Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.) (LAD), to make
existing provisions consistent, where appropriate, in prohibiting
discrimination based on the source of a person�s lawful income.� Although currently
prohibited by the LAD, this form of discrimination is not articulated
consistently throughout this existing statute.� This bill clarifies the LAD�s
prohibition on discrimination based on the source of a person�s lawful income
by defining the term �source of lawful income� and expressly stating that the
prohibition applies to the income that would be used for either rental or
mortgage payments.

���� This bill also makes certain
adjustments to current law to make the language gender neutral, and makes
certain technical changes.