Blog Post One
Legal Lines ©
NEW JERSEY’S LAW AGAINST DISCRIMINATION
by G. Bruce Ward, Esq.
The New Jersey Law Against Discrimination N.J.S.A. 10:1-1 and 10:5-1 et seq., provides individuals with a broad range of protection for workplace, housing discrimination and other harms in the public and private sectors. Among the distinctions the law seeks to protect are wrongs against race, creed, color, national origin, ancestry, age, sex, marital status, blood trait (inclusive of a blood condition such as HIV) and sexual orientation. An individual who alleges a workplace wrong will have the additional protection from certain retaliatory acts of an employer.
Under the law, an individual who has suffered from prohibited discriminatory conduct may seek redress in one or more forums. Within 180 days of the most recent act of discrimination, an individual may file a Complaint with the NJ State Division of Civil Rights. Upon such a filing, the Division conducts a mandatory investigation into the allegations. Often, such a filing and the resulting investigation process can stimulate a resolution if the parties are willing to resolve the dispute. If no resolution has been reached after 180 days of filing the Complaint, the individual may request a hearing in an Administrative Law Court. While the Administrative Law Court is a court of limited jurisdiction, the Civil Rights Division - Administrative Law route may provide a less burdensome means of relief.
Alternatively, or in combination, an individual may file a lawsuit in the State Superior Court. As a Civil Action, the lawsuit must be filed within two years of the last act of discrimination alleged.
In Superior Court, the Complaint takes the form of a full trial on the merits of the case with both sides presenting evidence and witnesses. While the Superior Court process can become an exhaustive experience the remedies available in this venue can be rewarding. A verdict in favor of the individual can provide for compensatory damages (a measure of what the individual lost as a result of the discriminatory conduct). In the case of an employment wrong, compensatory damages can include reinstatement of individual to their former position. In addition, when a Superior Court verdict finds that willful discriminatory conduct existed, the Court may award punitive damages. (a measure of damages intending to punish the wrongdoer and to deter others from repeating such conduct)
When it wrote the Law Against Discrimination, The New Jersey State Legislature declared that “[D]iscrimination threatens not only the rights and proper privileges of the inhabitants of the State but menaces the institutions and foundations of a free democratic State…” N.J.S.A.10:5-3.
Legal Lines © is presented as a public service of the Law Firm of G. Bruce Ward. This article does not constitute legal advice or a legal opinion. G. Bruce Ward maintains offices in Atlantic City and can be reached at 609.449-0061. Readers are urged to consult with their attorney on specific legal questions they may have.
