Concerns discrimination based on membership in a labor organization.

S4285

SENATE, No. 4285

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 14, 2026

Sponsored by:

Senator� ANGELA V. MCKNIGHT

District 31 (Hudson)

SYNOPSIS

���� Concerns discrimination based on membership in a
labor organization.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning discrimination based membership in a
labor organization and amending P.L.1945, c.169.

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

���� 1.��� 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
of any kind, including a labor
union or any agency or employee representation committee or plan, in which
public or private employees participate and
which exists and is constituted
for the purpose, in whole or in part, of collective bargaining, or of dealing
with
public or private
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
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);

���� (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;

���� (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.

���� zz. �Service in the Armed
Forces of the United States� means being in active service in any branch of the
Armed Forces of the United States or National Guard, or having been discharged
or released from active service in any branch of the Armed Forces of the United
States or National Guard.

(cf: P.L.2025, c.307, s.3)

���� 2.��� 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,
membership in a labor organization,
or because
of an individual�s service in the Armed Forces of the United States or 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.).

���� For the purposes of this
subsection, an unlawful employment practice occurs when an employer denies
reemployment to an employee who takes leave for military service consistent
with the requirements of the Uniformed Services Employment and Reemployment Rights
Act of 1994, 38 U.S.C. s. 4301 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,
membership in a labor
organization,
or because of the individual�s service in the Armed Forces of
the United States or 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, sex
, membership in a labor organization,
or service
in the Armed Forces of the United States or liability of any applicant for
employment for service in the Armed Forces of the United States, or any intent
to make any such limitation, specification or discrimination, unless based upon
a bona fide occupational qualification.

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

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

���� f.���� (1) For any owner,
lessee, proprietor, manager, superintendent, agent, or employee of any place of
public accommodation directly or indirectly to 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,
membership in a
labor organization,
service in the Armed Forces of the United States or 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,
membership
in a labor organization,
service in the Armed Forces of the United States
or 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,
membership in a labor
organization,
service in the Armed Forces of the United States or 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,
membership in a labor organization,
service in the Armed
Forces of the United States or 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,
membership in a labor
organization,
service in the Armed Forces of the United States or 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,
membership in a labor
organization,
service in the Armed Forces of the United States or liability
for service in the Armed Forces of the United States, nationality, or source of
lawful income used for rental or mortgage payments, or any intent to make any
such limitation, specification or discrimination, and the production of any
such statement, advertisement, publicity, sign, form of application, record, or
inquiry purporting to be made by any such person shall be presumptive evidence
in any action that the same was authorized by such person; provided, however,
that nothing contained in this subsection shall be construed to bar any person
from refusing to sell, rent, lease, assign or sublease or from advertising or
recording a qualification as to sex for any room, apartment, flat in a dwelling
or residential facility which is planned exclusively for and occupied by
individuals of one sex to any individual of the exclusively opposite sex on the
basis of sex provided individuals shall be qualified based on their gender
identity or expression;

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

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

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

���� (1)�� To refuse to sell, rent,
assign, lease or sublease, or offer for sale, rental, lease, assignment, or
sublease any real property or part or portion thereof to any person or group of
persons or to refuse to negotiate for the sale, rental, lease, assignment, or
sublease of any real property or part or portion thereof to any person or group
of persons because of race, creed, color, national origin, ancestry, marital
status, civil union status, domestic partnership status, familial status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or
sexual orientation,
membership in a labor organization, service in the Armed
Forces of the United States or
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,
membership in a labor
organization,
liability for service in the Armed Forces of the United
States, or nationality;

���� (2)�� To discriminate against
any person because of race, creed, color, national origin, ancestry, marital
status, civil union status, domestic partnership status, familial status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual
orientation, disability,
membership in a labor organization,
service in
the Armed Forces of the United States or 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,
membership in a
labor organization,
service in the Armed Forces of the United States or liability
for service in the Armed Forces of the United States, nationality, or source of
lawful income used for rental or mortgage payments or any intent to make any
such limitation, specification or discrimination, and the production of any
such statement, advertisement, publicity, sign, form of application, record, or
inquiry purporting to be made by any such person shall be presumptive evidence
in any action that the same was authorized by such person; provided, however,
that nothing contained in this subsection h., shall be construed to bar any
person from refusing to sell, rent, lease, assign or sublease or from
advertising or recording a qualification as to sex for any room, apartment,
flat in a dwelling or residential facility which is planned exclusively for and
occupied exclusively by individuals of one sex to any individual of the
opposite sex on the basis of sex, provided individuals shall be qualified based
on their gender identity or expression;

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

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

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

���� (1)�� To discriminate against
any person or group of persons because of race, creed, color, national origin,
ancestry, marital status, civil union status, domestic partnership status,
pregnancy or breastfeeding, sex, gender identity or expression, affectional or
sexual orientation, disability,
membership in a labor organization,
service
in the Armed Forces of the United States or 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,
membership in a
labor organization,
service in the Armed Forces of the United States or liability
for service in the Armed Forces of the United States, familial status or
nationality or any intent to make any such limitation, specification or
discrimination; unless otherwise required by law or regulation to retain or use
such information;

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

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

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

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

���� k.��� For any real estate
broker, real estate salesperson or employee or agent thereof or any other
individual, corporation, partnership, or organization, for the purpose of
inducing a transaction for the sale or rental of real property from which
transaction such person or any of its members may benefit financially, to
represent that a change has occurred or will or may occur in the composition
with respect to race, creed, color, national origin, ancestry, marital status,
civil union status, domestic partnership status, familial status, pregnancy or
breastfeeding, sex, gender identity or expression, affectional or sexual
orientation, disability,
membership in a labor organization,
service in
the Armed Forces of the United States or 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,
membership in a labor organization,
service in the
Armed Forces of the United States or 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 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,
membership in a labor organization,
service
in the Armed Forces of the United States or 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,
membership in a
labor organization,
service in the Armed Forces of the United States or 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 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 the
person�s place of employment during any day or days or portion thereof that, as
a requirement of the person�s religion, the person observes as the person�s Sabbath
or other holy day, including a reasonable time prior and subsequent thereto for
travel between the person�s place of employment and 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 the employee is employed.

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

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

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

���� s.���� For an employer to
treat, for employment-related purposes, 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 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 the employee�s physician,
requests the accommodation, and, in the case of an employee breast feeding 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,
membership in
a labor organization,
or service in the Armed Forces of the United States
or liability for service in the Armed Forces of the United States, 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.2025, c.307, s.7)

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

STATEMENT

���� This bill extends protection
under the Law Against Discrimination (LAD) to members of a labor organization.

���� The LAD, P.L.1945, c.169
(C.10:5-1 et. seq.), provides protections for those who are members of a
protected class, including protection against discrimination in employment,
public accommodations, housing, land use, lending, and association membership.
Under current law, a member of a protected class includes 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.� This bill provides that members of a labor organization also are
members of a protected class who are entitled protection under the LAD.�

���� In addition, the bill revises
the definition of �labor organization� to include any organization of any kind,
including a labor union or any agency or employee representation committee or
plan, in which public or private employees participate and which exists and is
constituted for the purpose, in whole or in part, of collective bargaining, or
of dealing with public or private employers concerning grievances, terms or
conditions of employment, or of other mutual aid or protection in connection
with employment.

���� Finally, the bill updates the
provision of the LAD that protects against discrimination related to real
property, including the refusal to sell, rent, assign, lease or sublease, or
offer for sale, rental, lease, assignment, or sublease any real property to any
person or group of persons, to make this provision consistent with the
expansion of protections provided pursuant to section 7 of P.L.2025, c.307, based
on the person�s service in the Armed Forces of the United States.�