“Know Your Rights” Part 1: Disability and Employment – Program Recap

New Jersey’s Law Against Discrimination protects NJ citizens in a variety of settings, including employment, housing and public accommodation.

Published on January 8, 2026

New Jersey is a leading state when it comes to protecting against discrimination, going further than the American Disabilities Act.

Thank you to Stephanie Menezile and Kai Durant from the NJ Division on Civil Rights for an overview of New Jersey’s Law Against Discrimination, particularly the rights we have related to disabilities and employment.

These efforts are designed to protect individuals not only from harassment and unfair treatment, but also from retaliation for filing complaints or attempting to receive lawful accommodations. The law is expansive, so let’s take a closer look specifically at disability and employment.

Protected Categories

The NJ Law Against Discrimination defines a variety of protected categories that help build a framework for determining cases of discrimination:

A person can meet or be perceived to meet any of these categories to be considered a victim of discrimination.

Disability

The NJ Law Against Discrimination (LAD) broadly defines what constitutes a “disability”. Someone suffering from any of the following conditions, is considered disabled according to the NJ LAD:

A person can qualify as disabled if they experience any of the above conditions whether permanently, temporarily, or in a minor capacity. The law does not require a condition to significantly limit one or more major life activities. It is against the law to discriminate or harass someone based on their actual or perceived disability.

Discrimination and Employment

The NJ LAD prohibits discrimination in all aspects of employment, including but no limited to:

Disability and Employment

Employers must act when they become aware of an employee’s disability AND need for reasonable accommodation. They must engage in a good faith, interactive process to determine appropriate accommodations, including following any written policies for accommodations requests, explore alternative accommodations, respond in a timely manner, and not forcing an accommodations that the employee does not want.

During this process, an employer may deny an accommodation request if they can show that providing the accommodation would be an undue burden on their operations. There is no blanket policy for refusing an accommodation so this must be decided on a case by case basis. It falls on the employer to provide an affirmative defense for their denial; even if an employee is unable to perform an essential function of their job, the employer must still demonstrate why an accommodation would cause undue hardship.

In some instances, an employer may request medical documentation to affirm the disability that’s the basis for an accommodation request. Medical documentation is not required in all cases, but if required, your medical document only needs to:

• Describe the limitation or need for accommodation
• Confirm the limitation is related to a medical condition
• State the employee needs an accommodation

When requesting an accommodation, be sure to submit the request in writing and document all conversations related to the request.

Other Employment Oversight

The NJ Division on Civil Rights also oversees discrimination complaints related to other employment related programs and laws.

Equal Pay Act

Under New Jersey, a person must receive equal compensation for their job as others in the same position within an employer. This includes salaries, bonuses, health benefits, and pension plan contributions. The protected categories defined by the NJ LAD also apply to the Equal Pay Act. Each time disparate wages are paid, it constitutes a separate violation of the Equal Pay Act.

The CROWN Act – Hair Discrimination Law

In 2019, New Jersey passed The CROWN (Create a Respectful and Open Workplace for Natural Hair) Act, which prohibits discrimination based on traits historically associated with Black heritage, including hair texture, hair type, and protective hairstyles. These protective hairstyles including braids, locs, twists, Bantu knots, and Afros.

NJ Family Leave Act

In New Jersey, individuals are entitled to job protection should they be required to temporary leave their job to care for a loved one. The Family Leave Act allows for individuals to take up to 12 weeks of leave (consecutive, intermittent, or a reduced schedule) during a 24 month period. The individual retains the right to return to their same position and employers may not retaliate for an employee taking leave or attempting to take leave.

Sexual Harassment

Sexual harassment in the workplace is considered a form of discrimination and gender-based violence. Harassment can be verbal or physical and fall under two types:

• Quid Pro Quo (“Something for something”) – a benefit like a promotion is conditioned on sexual favors or an adverse reaction like termination is threaten if you refuse a sexual favor
• Hostile work environment – unwanted, harassing conduct that is severe or pervasive enough to create a work environment that is intimidating, hostile or offensive

Sexual harassment does not need to be the result of repeated behavior; a single instance of sexual harassment can be discrimination.

Filing a Complaint

If you or someone you know is the victim of actual or suspected harassment, you can file a complaint through NJBIAS, the NJ Division on Civil Rights online reporting tool. You can also inquire as to your rights by contacting the NJ Division on Civil Rights at 609-984-5828 or filling out their online contact form at https://www.njoag.gov/contact/office-of-constituent-services/.

More Information

Please review the following fact sheets for more information:

• New Jersey Law on Discrimination (PDF)
• Disability Discrimination in Employment Fact Sheet (PDF)
• Retaliation Fact Sheet (PDF)
• NJ Family Leave Act Fact Sheet (PDF)
• How to File a Complaint (PDF)

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