New Jersey’s Law Against Discrimination is one of the most employee-friendly civil rights laws in the nation, barring discrimination and harassment based on
- Race or color;
- Religion or creed;
- National origin, nationality, or ancestry;
- Sex, pregnancy, or breastfeeding;
- Sexual orientation;
- Gender identity or expression;
- Disability;
- Marital status or domestic partnership/civil union status;
- Liability for military service;
- Age;
- Atypical hereditary cellular or blood trait, genetic information, and the refusal to submit to a genetic test or make available to an employer the results of a genetic test.
The New Jersey Attorney General’s Office has issued a May, 2024 guidance clarifying that, whether employees working for a New Jersey employer live in New Jersey, commute to New Jersey from another state, or work remotely from outside New Jersey, NJ LAD protects their right to a workplace free from discrimination and bias-based harassment. Thus, any employee, regardless of where they live or where they physically work–including those who work remotely full-time or part-time on a hybrid schedule– can seek redress for violations of NJ LAD by New Jersey employers.
However, the guidance notes, NJ LAD does not necessarily extend to individuals who work for an employer that is based in another state. Where the LAD does not apply, federal laws and laws in other states may nonetheless still provide protection against discrimination.
