⭕ Unintended discrimination may soon be a crime in NJ

⭕ Murphy administration making changes to discrimination laws

⭕ New rules would bar most criminal background checks


Phil Murphy's administration is seeking to criminalize unintentional discrimination.

New Jersey Attorney General Matthew Platkin has released a 71-page revision to the New Jersey Law Against Discrimination (LAD). Among the changes being proposed involve intent.

"We no longer live in a time where 'I meant well' or 'I didn't think' are accepted excuses," said Platkin in a statement.

If adopted, and employer can be punished under LAD even if they didn't know a policy or work rule was not intended to cause discrimination.

Further, if a complaint for discrimination is filed it would be up to the employer or perpetrator to prove it was not discriminatory.

Violations of the LAD can carry heavy sanctions and fines to $50,000.

Photo: NJ Governor's office
Photo: NJ Governor's office
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Other changes to LAD are also being proposed

New Jersey's anti-discrimination laws were first enacted in 1945, but have undergone many changes in the decades that followed.

Among the latest proposed revisions:

✔ Hats and head coverings specifically cannot be banned in order to protect freedom of religious expression

✔ A ban on most criminal background checks for use in determining employment or leasing an apartment

✔ A ban on height and weight requirements as a condition of employment

✔ Specific protections allowing employees to dress according to their gender identity

✔ A ban on specific attire requirements, including most uniforms, to protect religious expression

✔ A ban on the use of 'employee selection algorithms' that result in a disparate impact based on gender or race

✔ Residential communities must provide non-electronic access to the property because Jewish residents may not use electricity on the Sabbath

AG Platkin says these rules "will help make New Jersey a more equitable and welcoming state for all residents."

Public invited to comment

The revisions were introduced on June 5. The public now has 60-days to comment before the rules will officially go into effect.

Comments may be submitted electronically at regulations@njcivilrights.gov.

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