Bill Text: NJ A2924 | 2024-2025 | Regular Session | Introduced
Bill Title: Codifies protections in Law Against Discrimination for persons suffering discrimination on grounds of disparate impact.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Judiciary Committee [A2924 Detail]
Download: New_Jersey-2024-A2924-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
SYNOPSIS
Codifies protections in Law Against Discrimination for persons suffering discrimination on grounds of disparate impact.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the Law Against Discrimination and amending P.L.1945, c.169 and P.L.1972, c.114.
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, are matters of concern to the government of the State, and that such discrimination threatens not only the rights and proper privileges of the inhabitants of the State but menaces the institutions and foundation of a free democratic State; provided, however, that nothing in this expression of policy prevents the making of legitimate distinctions between citizens and aliens when required by federal law or otherwise necessary to promote the national interest.
The Legislature further declares its opposition to such practices of discrimination when directed against any person by reason of the race, creed, color, national origin, ancestry, age, sex, gender identity or expression, affectional or sexual orientation, marital status, liability for service in the Armed Forces of the United States, disability or nationality of that person or that person's family members, partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, 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, under the common law, may result from disparate treatment of the affected class or the disparate impact of a facially neutral policy on members of the affected class. 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 2 of P.L.1972, c.114 (C.10:5-4.1) is amended to read as follows:
2. All of the provisions of the act to which this act is a supplement shall be construed to prohibit any unlawful discrimination against any person because such person is or has been at any time disabled or any unlawful employment practice against such person, unless the nature and extent of the disability reasonably precludes the performance of the particular employment. It shall be unlawful discrimination under the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.) to discriminate against any buyer or renter because of the disability of a person residing in or intending to reside in a dwelling after it is sold, rented or made available or because of any person associated with the buyer or renter. The unlawful discrimination set forth in this section includes, but is not limited to, the disparate treatment of a person who is or has been at any time disabled or the disparate impact of a facially neutral policy on such a person.
(cf: P.L.2003, c.180, s.5)
3. This act shall take effect immediately.
STATEMENT
This bill would amend the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.) (the "LAD") to codify case law providing that the LAD protects those plaintiffs suffering discrimination on grounds of "disparate impact."
Pursuant to the case law, the LAD protects two kinds of plaintiffs who are members of a protected class (such as 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, among others): those plaintiffs who suffer disparate treatment because of their membership in the protected class, and those who suffer from the disparate impact of a facially neutral policy that in fact falls more harshly on them because of their membership in the protected class. See Gerety v. Atl. City Hilton Casino Resort, 184 N.J. 391 (2004).
