McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500

Who Is Protected By New Jersey’s Law Against Discrimination (NJLAD)?

The NJLAD “makes it unlawful to subject people to discrimination or harassment” based on a specific list of classifications. Under New Jersey law, the following types of discrimination in the workplace are prohibited:

Related FAQs

  • Which Job Interview Questions are Off Limits?

    The law prohibits employers from basing hiring decisions on protected characteristics of a job candidate, such as race, age, gender, religion, or disability. In fact, interviewers should not even ask questions about protected characteristics during a job interview, because there is no way to separate the question from the hiring decision.

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  • What is LGBTQ+ discrimination?

    LGBTQ+ discrimination involves treating someone unfavorably because of that person’s sexual orientation or gender identity, including transgender status.

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  • What is gender or sex-based discrimination?

    Gender or sex-based discrimination involves treating someone unfavorably because of that person’s sex, including the person’s sexual orientation, or gender identity (including transgender status).

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  • What is age discrimination?

    Age discrimination occurs when an employer treats an applicant or employee less favorably because of the individual’s age.

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  • How do you prove age discrimination?

    To prove age discrimination an employee must show that a negative action such as a demotion or firing was on the basis of the employee’s age. The Age Discrimination in Employment Act (“ADEA“) forbids age discrimination against people who are 40 or older.

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  • Can job applications ask about my age?

    Yes, job applications can ask applicants for their date of birth or year of graduation from high school or college. However, how the employer chooses to use this information may violate the ADEA.

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  • Are there support/advocacy groups for professionals who’ve experienced age discrimination?

    AARP, Aging for Life, Unretire Yourself, and HelpAge advocate for older individuals in the workplace. These organizations provide tips and advocacy opportunities for individuals to combat ageism and age discrimination in the workplace.

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  • What does the LGBT Bar do?

    The LGBT Bar provides much needed support to its members in a variety of ways. For example, it assists prospective LGBTQ+ judicial candidates to become judges, ensures law schools employ best practices to make LGBTQ+ students feel safe on campus, and hosts the annual Lavender Law Conference, the largest LGBTQ+ legal conference in the country.   

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  • Do LGBTQ+ workplace protection laws also protect me from being harassed on the job?

    Yes. Just as the LAD prohibits an employer from discriminating against protected groups in the workplace, it also prohibits employers from creating hostile work environments. If you believe your employer, supervisor or coworker is harassing you because of your LGBTQ+ status, and it is severe or pervasive, they are likely violating the LAD and you should report the conduct immediately.  

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  • How can employers create policies and procedures to protect LGBTQ+ employees?

    The first suggestion for how to update policies and procedures to protect LGBTQ+ employees is review existing harassment, discrimination, and equal employment opportunity documents. Make updates if necessary to ensure they encompass protections for LGBTQ+ individuals when considering sex as the motivating characteristic.

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