reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:4-9 - Meeting of public body; adequate notice to public; necessity; exceptions

10:4-9. Meeting of public body; adequate notice to public; necessity; exceptions
a. Except as provided by subsection b. of this section, or for any meeting limited only to consideration of items listed in section 7. b. no public body shall hold a meeting unless adequate notice thereof has been provided to the public.
b. Upon the affirmative vote of three quarters of the members present a public body may hold a meeting notwithstanding the failure to provide adequate notice if:
(1) such meeting is required in order to deal with matters of such urgency and importance that a delay for the purpose of providing adequate notice would be likely to result in substantial harm to the public interest; and
(2) the meeting is limited to discussion of and acting with respect to such matters of urgency and importance; and
(3) notice of such meeting is provided as soon as possible following the calling of such meeting by posting written notice of the same in the public place described in section 3. d. above, and also by notifying the two newspapers described in section 3. d. by telephone, telegram, or by delivering a written notice of same to such newspapers; and
(4) either (a) the public body could not reasonably have foreseen the need for such meeting at a time when adequate notice could have been provided; or (b) although the public body could reasonably have foreseen the need for such meeting at a time when adequate notice could have been provided, it nevertheless failed to do so.
L.1975, c. 231, s. 4.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:4-9.1 - Electronic notice of meeting of public body; terms defined

10:4-9.1. Electronic notice of meeting of public body; terms defined
1. In addition to the notice requirements of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), a public body may provide electronic notice of any meeting of the public body through the Internet.
As used in this section, "electronic notice" means advance notice available to the public via electronic transmission of at least 48 hours, giving the time, date, location and, to the extent known, the agenda of any regular, special or rescheduled meeting, which notice shall accurately state whether formal action may or may not be taken at such meeting.
As used in this section, "Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks.
L.2002,c.91,s.1.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:4-9.2 - Construction of act

10:4-9.2. Construction of act
2. Nothing in this act shall be construed as affecting or superseding the adequate notice requirements that are imposed by the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.) and no electronic notice issued pursuant to this act shall be deemed to substitute for, or be considered in lieu of, such adequate notice.
L.2002,c.91,s.2.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:4-9.3 - Conduct of public meetings during periods of emergency.

10:4-9.3 Conduct of public meetings during periods of emergency.
1. a. Notwithstanding any other provision of law, rule, or regulation to the contrary, during a period declared pursuant to the laws of this State as a state of emergency, public health emergency, or state of local disaster emergency, a public body shall be permitted to perform any of the following by means of communication or other electronic equipment:
(1) conduct a meeting and any public business to be conducted thereat,
(2) cause a meeting to be open to the public,
(3) vote, or
(4) receive public comment.
A public body shall not be deemed to have violated any provision of P.L.1975, c.231 (C.10:4-6 et seq.) in performing such functions by means of communication or other electronic equipment as provided in this subsection.
b. Notwithstanding any other provision of law, rule, or regulation to the contrary, during such periods of emergency, a public body may elect to provide electronic notice pursuant to section 1 of P.L.2002, c.91 (C.10:4-9.1) in lieu of the adequate notice required under P.L.1975, c.231 (C.10:4-6 et seq.), and shall not be deemed to have violated any provision of law thereunder in providing such electronic notice. To the extent practicable, a public body providing only electronic notice of a meeting pursuant to this subsection shall limit public business discussed or effectuated thereat to matters necessary for the continuing operation of government and which relate to the applicable emergency declaration.
c. This section shall not be construed to limit any authorization under law to perform the functions as specified herein irrespective of any emergency.
d. The Department of Community Affairs, and, with regard to any board of education, the State Board of Education, may adopt rules and regulations to effectuate the purposes of this act, P.L.2020, c.11 (C.10:4-9.3). The rules and regulations established pursuant to this section shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
L.2020, c.11.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:4-10 - Statement in minutes of meeting on adequate notice

10:4-10. Statement in minutes of meeting on adequate notice
At the commencement of every meeting of a public body the person presiding shall announce publicly, and shall cause to be entered in the minutes of the meeting, an accurate statement to the effect:
a. that adequate notice of the meeting has been provided, specifying the time, place, and manner in which such notice was provided; or
b. that adequate notice was not provided, in which case such announcement shall state (1) the nature of the urgency and importance referred to in subsection 4. b. (1) and the nature of the substantial harm to the public interest likely to result from a delay in the holding of the meeting; (2) that the meeting will be limited to discussion of and acting with respect to such matters of urgency and importance; (3) the time, place, and manner in which notice of the meeting was provided; and (4) either (a) that the need for such meeting could not reasonably have been foreseen at a time when adequate notice could have been provided, in which event, such announcement shall specify the reason why such need could not reasonably have been foreseen; or (b) that such need could reasonably have been foreseen at a time when adequate notice could have been provided, but such notice was not provided, in which event the announcement shall specify the reason why adequate notice was not provided.
L.1975, c. 231, s. 5.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:4-11 - Failure to invite portion of members to circumvent provisions of act; prohibition

10:4-11. Failure to invite portion of members to circumvent provisions of act; prohibition
No person or public body shall fail to invite a portion of its members to a meeting for the purpose of circumventing the provisions of this act.
L.1975, c. 231, s. 6.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:4-13 - Exclusion of public; resolution; adoption; contents

10:4-13. Exclusion of public; resolution; adoption; contents
No public body shall exclude the public from any meeting to discuss any matter described in subsection 7. b. until the public body shall first adopt a resolution, at a meeting to which the public shall be admitted:
a. Stating the general nature of the subject to be discussed; and b. Stating as precisely as possible, the time when and the circumstances under which the discussion conducted in closed session of the public body can be disclosed to the public.
L.1975, c. 231, s. 8.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:4-14 - Minutes of meetings; availability to public

10:4-14. Minutes of meetings; availability to public
Each public body shall keep reasonably comprehensible minutes of all its meetings showing the time and place, the members present, the subjects considered, the actions taken, the vote of each member, and any other information required to be shown in the minutes by law, which shall be promptly available to the public to the extent that making such matters public shall not be inconsistent with section 7 of this act.
L.1975, c. 231, s. 9.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:4-15 - Proceeding in lieu of prerogative writ to void action at nonconforming meeting; parties; limitation; corrective or remedial action

10:4-15. Proceeding in lieu of prerogative writ to void action at nonconforming meeting; parties; limitation; corrective or remedial action
a. Any action taken by a public body at a meeting which does not conform with the provisions of this act shall be voidable in a proceeding in lieu of prerogative writ in the Superior Court, which proceeding may be brought by any person within 45 days after the action sought to be voided has been made public; provided, however, that a public body may take corrective or remedial action by acting de novo at a public meeting held in conformity with this act and other applicable law regarding any action which may otherwise be voidable pursuant to this section; and provided further that any action for which advance published notice of at least 48 hours is provided as required by law shall not be voidable solely for failure to conform with any notice required in this act.
b. Any party, including any member of the public, may institute a proceeding in lieu of prerogative writ in the Superior Court to challenge any action taken by a public body on the grounds that such action is void for the reasons stated in subsection a. of this section, and if the court shall find that the action was taken at a meeting which does not conform to the provisions of this act, the court shall declare such action void.
L.1975, c. 231, s. 10.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:4-16 - Injunctive orders or other remedies to insure compliance

10:4-16. Injunctive orders or other remedies to insure compliance
Any person, including a member of the public, may apply to the Superior Court for injunctive orders or other remedies to insure compliance with the provisions of this act, and the court shall issue such orders and provide such remedies as shall be necessary to insure compliance with the provisions of this act.
L.1975, c. 231, s. 11.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:4-17 - Penalty; enforcement

10:4-17. Penalty; enforcement
12. Any person who knowingly violates any of the foregoing sections of this act shall be fined $100.00 for the first offense and no less than $100.00 nor more than $500.00 for any subsequent offense, recoverable by the State by a summary proceeding under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The Superior Court shall have jurisdiction to enforce said penalty upon complaint of the Attorney General or the county prosecutor. Whenever a member of a public body believes that a meeting of such body is being held in violation of the provisions of this act, he shall immediately state this at the meeting together with specific reasons for his belief which shall be recorded in the minutes of that meeting. Whenever such a member's objections to the holding of such meeting are overruled by the majority of those present, such a member may continue to participate at such meeting without penalty provided he has complied with the duties imposed upon him by this section.
L.1975,c.231,s.12; amended 1991,c.91,s.217; 1994,c.58,s.41.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:4-18 - Schedule of regular meetings of public body; publicity; revision; procedure

10:4-18. Schedule of regular meetings of public body; publicity; revision; procedure
At least once each year, within 7 days following the annual organization or reorganization meeting of a public body, or if there be no such organization or reorganization meeting in the year, then by not later than January 10 of such year, every public body shall post and maintain posted throughout the year in the place described in subsection 3. d. (1), mail to the newspapers described in subsection 3. d. (2), submit to the persons described in subsection 3. d. (3), for the purpose of public inspection a schedule of the regular meetings of the public body to be held during the succeeding year. Such schedule shall contain the location of each meeting to the extent it is known, and the time and date of each meeting. In the event that such schedule is thereafter revised, the public body, within 7 days following such revision, shall post, mail and submit such revision in the manner described above.
L.1975, c. 231, s. 13.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:4-19 - Requests for notices of meetings; annual renewal

10:4-19. Requests for notices of meetings; annual renewal
Any person may request that a public body mail to him copies of any regular meeting schedule or revision described in section 13 of this act and any advance written notice described in subsection 3. d. of this act of any regular, special or rescheduled meeting of such body, and upon prepayment by such person of a reasonable sum, if any has been fixed by resolution of the public body to cover the costs of providing such notice, the public body shall mail to such person written advance notice of all of its meetings within the time prescribed by subsection 3. d. herein, subject only to the exceptions set forth in subsection 4. b. herein. Such resolution may provide that notice requested by the news media shall be mailed to such news media free of charge. All requests for notices made under this section shall terminate at midnight on December 31 of each year, but shall be subject to renewal upon a new request to the public body.
L.1975, c. 231, s. 14.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:4-20 - Severability

10:4-20. Severability
If any section, subsection, clause, sentence, paragraph, or part of this act or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this act.
L.1975, c. 231, s. 15.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-2 - Police power, enactment deemed exercise of

10:5-2. Police power, enactment deemed exercise of
The enactment hereof shall be deemed an exercise of the police power of the State for the protection of the public safety, health and morals and to promote the general welfare and in fulfillment of the provisions of the Constitution of this State guaranteeing civil rights.
L.1945, c. 169, p. 589, s. 2.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-2.1 - Other laws unaffected

10:5-2.1. Other laws unaffected
Nothing contained in this act or in P.L. 1945, c. 169 (C. 10:5-1 et seq.) shall be construed to require or authorize any act prohibited by law, nor to prevent the award of a contract to a small business enterprise, minority business enterprise or women's business enterprise under P.L. 1985, c. 490 (C. 18A:18A-51 et seq.) nor to conflict with the provisions of chapter 2 (child labor) of Title 34 of the Revised Statutes, nor to require the employment of any person under the age of 18, nor to prohibit the establishment and maintenance of bona fide occupational qualifications or the establishment and maintenance of apprenticeship requirements based upon a reasonable minimum age, nor to prevent the termination or change of the employment of any person who in the opinion of the employer, reasonably arrived at, is unable to perform adequately the duties of employment, nor to preclude discrimination among individuals on the basis of competence, performance, conduct or any other reasonable standards, nor to interfere with the operation of the terms or conditions and administration of any bona fide retirement, pension, employee benefit or insurance plan or program, including any State or locally administered public retirement system, provided that the provisions of those plans or programs are not used to establish an age for mandatory retirement.
1962,c.37,s.8; amended 1980,c.90,s.16; 1985,c.73,s.2; 1985,c.490, s.10; 1988,c.37,s.9.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-3 - Findings, declarations.

10:5-3 Findings, declarations.
3. The Legislature finds and declares that practices of discrimination against any of its inhabitants, because of race, creed, color, national origin, ancestry, age, sex, gender identity or expression, affectional or sexual orientation, marital status, familial status, liability for service in the Armed Forces of the United States, disability or nationality, are matters of concern to the government of the State, and that such discrimination threatens not only the rights and proper privileges of the inhabitants of the State but menaces the institutions and foundation of a free democratic State; provided, however, that nothing in this expression of policy prevents the making of legitimate distinctions between citizens and aliens when required by federal law or otherwise necessary to promote the national interest.
The Legislature further declares its opposition to such practices of discrimination when directed against any person by reason of the race, creed, color, national origin, ancestry, age, sex, gender identity or expression, affectional or sexual orientation, marital status, liability for service in the Armed Forces of the United States, disability or nationality of that person or that person's family members, partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers, or customers, in order that the economic prosperity and general welfare of the inhabitants of the State may be protected and ensured.
The Legislature further finds that because of discrimination, people suffer personal hardships, and the State suffers a grievous harm. The personal hardships include: economic loss; time loss; physical and emotional stress; and in some cases severe emotional trauma, illness, homelessness or other irreparable harm resulting from the strain of employment controversies; relocation, search and moving difficulties; anxiety caused by lack of information, uncertainty, and resultant planning difficulty; career, education, family and social disruption; and adjustment problems, which particularly impact on those protected by this act. Such harms have, under the common law, given rise to legal remedies, including compensatory and punitive damages. The Legislature intends that such damages be available to all persons protected by this act and that this act shall be liberally construed in combination with other protections available under the laws of this State.
L.1945, c.169, s.3; amended 1951, c.64, s.2; 1962, c.37, s.2; 1970, c.80, s.8; 1977, c.96, s.1; 1990, c.12, s.1; 1991, c.519, s.1; 1992, c.146, s.1; 2003, c.180, s.3; 2006, c.100, s.2; 2019, c.436, s.1.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-3.1 - Findings, declarations relative to discrimination based on pregnancy, childbirth, related medical conditions.

10:5-3.1 Findings, declarations relative to discrimination based on pregnancy, childbirth, related medical conditions.
1. The Legislature finds and declares:
a. That pregnant women are vulnerable to discrimination in the workplace in New Jersey, as indicated in reports that women who request an accommodation that will allow them to maintain a healthy pregnancy, or who need a reasonable accommodation while recovering from childbirth, are being removed from their positions, placed on unpaid leave, or fired;
b. It is the intent of the Legislature to combat this form of discrimination by requiring employers to provide reasonable accommodations to pregnant women and those who suffer medical conditions related to pregnancy and childbirth, such as bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work; and
c. It is not the intent of the Legislature to require such accommodations if their provision would cause an undue hardship in the conduct of an employer's business.
L.2013, c.220, s.1.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-4 - Obtaining employment and privileges without discrimination; civil right.

10:5-4 Obtaining employment and privileges without discrimination; civil right.
4. All persons shall have the opportunity to obtain employment, and to obtain all the accommodations, advantages, facilities, and privileges of any place of public accommodation, publicly assisted housing accommodation, and other real property without discrimination because of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, disability, liability for service in the Armed Forces of the United States, nationality, sex, gender identity or expression or source of lawful income used for rental or mortgage payments, subject only to conditions and limitations applicable alike to all persons. This opportunity is recognized as and declared to be a civil right.
L.1945, c.169, s.4; amended 1949, c.11, s.2; 1957, c.66, s.1; 1961, c.106, s.1; 1962, c.37, ss.3,9; 1970, c.80, s.9; 1991, c.519, s.2; 1992, c.146, s.2; 2002, c.82, s.1; 2003, c.180, s.4; 2006, c.100, s.3; 2017, c.184, s.1.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-4.1 - Construction of act.

10:5-4.1 Construction of act.
2. All of the provisions of the act to which this act is a supplement shall be construed to prohibit any unlawful discrimination against any person because such person is or has been at any time disabled or any unlawful employment practice against such person, unless the nature and extent of the disability reasonably precludes the performance of the particular employment. It shall be unlawful discrimination under the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.) to discriminate against any buyer or renter because of the disability of a person residing in or intending to reside in a dwelling after it is sold, rented or made available or because of any person associated with the buyer or renter.
L.1972,c.114,s.2; title amended 1978, c.137, s.1. amended 1978, c.137, s.2; 1992, c.146, s.3; 2003, c.180, s.5.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-5.1 - Division to be known as "Division on Civil Rights"

10:5-5.1. Division to be known as "Division on Civil Rights"
The Division against Discrimination shall be known as the "Division on Civil Rights."
L.1960, c. 59, p. 491, s. 3, eff. June 21, 1960.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-6 - Division on Civil Rights created; powers.

10:5-6. Division on Civil Rights created; powers.
6. There is created in the Department of Law and Public Safety a division known as "The Division on Civil Rights" with power to prevent and eliminate discrimination in the manner prohibited by this act against persons because of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender identity or expression, familial status, nationality, disability, or sex or because of their liability for service in the Armed Forces of the United States, by employers, labor organizations, employment agencies or other persons and to take other actions against discrimination because of race, creed, color, national origin, ancestry, marital status, sex, familial status, nationality, disability, or age or because of their liability for service in the Armed Forces of the United States, as herein provided; and the division created hereunder is given general jurisdiction and authority for such purposes.
L.1945,c.169,s.6; amended 1951, c.64, s.4; 1961, c.106, s.3; 1962, c.37, ss.4,9; 1963, c.40, s.2; 1970, c.80, s.10; 1991, c.519, s.4; 1992, c.146, s.5; 2003, c.180, s.7; 2006, c.100, s.5.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-7 - Composition of division; commission; membership; appointment; term; vacancies; compensation

10:5-7. Composition of division; commission; membership; appointment; term; vacancies; compensation
The said division shall consist of the Attorney General and the commission. The commission shall consist of 7 members; each member shall be appointed by the Governor, with the advice and consent of the Senate, for a term of 5 years and until his successor is appointed and qualified, except that of those first appointed, one shall be appointed for a term of 1 year, one for a term of 2 years, one for a term of 3 years and 2 for a term of 4 years. Vacancies caused other than by expiration of term shall be filled in the same manner but for the unexpired term only. Members of the commission shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. The first chairman of the commission shall be designated by the Governor and thereafter, the chairman shall be elected by the members, annually.
L.1945, c. 169, p. 590, s. 7. Amended by L.1949, c. 11, p. 40, s. 4; L.1963, c. 40, s. 3.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-8.1 - Preparation of statement by Attorney General.

10:5-8.1 Preparation of statement by Attorney General.
6. a. The Attorney General shall prepare a statement notifying landlords that the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1et seq.), as amended by P.L.2002, c.82, prohibits discrimination against tenants based on the source of income being used for rental or mortgage payments. In addition, the notification shall include instructions for those wishing to report such discrimination to the Division on Civil Rights.
b. Each agency or entity authorized to issue federal rental assistance vouchers to eligible tenants shall include a copy of the notification required pursuant to subsection a. of this section when issuing such a voucher.
L.2002,c.82,s.6.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-8.2 - Investigation, enforcement actions, communications privileged.

10:5-8.2 Investigation, enforcement actions, communications privileged.
9. a. When it shall appear to the Attorney General or the director that a person has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.) or the "New Jersey Civil Rights Act," P.L.2004, c.143 (C.10:6-1 et seq.), or when the Attorney General or the director believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in, any such practice, the Attorney General or the director may conduct an investigation. The Attorney General or the director may utilize all investigative powers set forth in section 8 of P.L1945, c.169 (C.10:5-8) in conducting such investigations.
b. The Attorney General or the director shall have the authority to bring enforcement actions for any violation of this act in the Office of Administrative Law or the Superior Court for the county in which the action occurred.
c. When the Attorney General or the director brings an action pursuant to this act in the Office of Administrative Law or in Superior Court that seeks relief for an individual who claims to be a victim of unlawful discrimination, communications between members of the Attorney General's office and that individual shall be privileged as would be a communication between an attorney and a client.
L.2019, c.436, s.9.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-9.1 - Enforcement of laws against discrimination in public housing and real property.

10:5-9.1 Enforcement of laws against discrimination in public housing and real property.
1. The Division on Civil Rights in the Department of Law and Public Safety shall enforce the laws of this State against discrimination in housing built with, or leased with the assistance of, public funds or public assistance, pursuant to any law, and in real property, as defined in the law hereby supplemented, because of race, religious principles, color, national origin, ancestry, marital status, affectional or sexual orientation, familial status, disability, liability for service in the Armed Forces of the United States, nationality, sex, gender identity or expression or source of lawful income used for rental or mortgage payments. The said laws shall be so enforced in the manner prescribed in the act to which this act is a supplement.
L.1954, c.198, s.1; amended 1961, c.106, s.5; 1963, c.40, s.18; 1970, c.80, s.12; 1991, c.519, s.6; 1992, c.146, s.7; 2002, c.82, s.2; 2003, c.180, s.9; 2006, c.100, s.7; 2017, c.184, s.2.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-9.2 - Division on Civil Rights qualified as "certified agency."

10:5-9.2 Division on Civil Rights qualified as "certified agency."
13. The provisions of this amendatory and supplementary act, P.L.1992, c.146 (C.10:5-12.4 et al.), and P.L.2003, c.180, are intended to permit the Division on Civil Rights in the Department of Law and Public Safety to qualify as a "certified agency" within the meaning of the Federal Fair Housing Amendments Act, Pub.L. 100-430 (42 U.S.C. s.3610 (f)), and shall be construed as consistent with that purpose. Nothing in P.L.1992, c.146 (C.10:5-12.4 et al.) and P.L.2003, c.180, shall be construed to permit conduct prohibited by the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), prior to the effective date of P.L.2003, c.180.
L.1992,c.146,s.13; amended 2003, c.180, s.10.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-10 - Commission's powers and duties; local commissions.

10:5-10 Commission's powers and duties; local commissions.
9. The commission shall:
a. Consult with and advise the Attorney General with respect to the work of the division.
b. Survey and study the operations of the division.
c. Report to the Governor and the Legislature with respect to such matters relating to the work of the division and at such times as it may deem in the public interest.
The mayors or chief executive officers of the municipalities in the State may appoint local commissions on civil rights to aid in effectuating the purposes of this act. Such local commissions shall be composed of representative citizens serving without compensation. Such commissions shall attempt to foster through community effort or otherwise, good will, cooperation and conciliation among the groups and elements of the inhabitants of the community, and they may be empowered by the local governing bodies to make recommendations to them for the development of policies and procedures in general and for programs of formal and informal education that will aid in eliminating all types of discrimination based on race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender identity or expression, familial status, disability, nationality or sex.
L.1945,c.169,s.9; amended 1949, c.11, s.6; 1962, c.37, ss.6,9; 1963, c.40, s.5; 1970, c.80, s.13; 1991, c.519, s.7; 1992, c.146, s.8; 2003, c.180, s.11; 2006, c.100, s.8.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-11 - Evidence in obedience to summons; immunity of witnesses

10:5-11. Evidence in obedience to summons; immunity of witnesses
No person shall be excused from attending and testifying or from producing records, correspondence, documents or other evidence in obedience to the subpoena of the Attorney General, director, or hearing examiner on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence. But he may nevertheless be prosecuted or subjected to penalty or forfeiture for any perjury or contempt committed in answering, or failing to answer, or in producing or failing to produce evidence in accordance with the subpoena, and any such testimony given or evidence produced shall be admissible against him in any proceeding concerning such perjury or contempt. The immunity herein provided shall extend only to natural persons so compelled to testify.
L.1945, c. 169, p. 593, s. 10. Amended by L.1963, c. 40, s. 6; L.1966, c. 17, s. 3, eff. April 7, 1966.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-12.1 - Reinstatement, back pay.

10:5-12.1 Reinstatement, back pay.
5. As an alternative to or in addition to any other sanction provided by any other applicable law, relief for having been required to retire in violation of the provisions of section 11 of P.L.1945, c.169 (C.10:5-12), shall be available to the person aggrieved by that violation through the procedure initiated by filing a complaint with the Attorney General under the provisions of P.L.1945, c.169 (C.10:5-1 et seq.).
As an alternative to or in addition to any other sanction provided by section 16 of P.L.1945, c.169 (C.10:5-17) or any other applicable law, relief ordered for or granted to a person in connection with the person being required to retire in violation of the provisions of section 11 of P.L.1945, c.169 (C.10:5-12) shall include reinstatement with back pay and interest.
This section shall not apply to a violation regarding an inquiry as to an applicant's salary history pursuant to section 2 of P.L.2019, c.199 (C.10:5-12.12).
L.1985, c.73, s.5; amended 2019, c.199, s.3; 2021, c.248, s.3.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-12.3 - Report of admission denial

10:5-12.3. Report of admission denial
A person or agency having knowledge that a skilled nursing or intermediate care facility whose Medicaid occupancy level is less than the Statewide occupancy level has denied admission to a qualified Medicaid applicant shall promptly report this information to the Division on Civil Rights of the Department of Law and Public Safety.
L. 1985, c. 303, s. 3.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-12.4 - Failure to use barrier free housing standards, unlawful discrimination.

10:5-12.4 Failure to use barrier free housing standards, unlawful discrimination.
11. A failure to design and construct any multi-family dwelling of four units or more in accordance with barrier free standards promulgated by the Commissioner of Community Affairs pursuant to section 5 of P.L.1975, c.217 (C.52:27D-123) shall be an unlawful discrimination. The Commissioner of Community Affairs shall ensure that standards established meet or exceed the standards established under the federal "Fair Housing Amendments Act of 1988," Pub. L.100-430. Whenever the Attorney General receives a complaint alleging an unlawful discrimination pursuant to this section, the Attorney General shall refer the complaint to the Commissioner of Community Affairs for a determination and report as to whether there is a violation of such standards. Following receipt of the report, a complaint alleging an unlawful discrimination pursuant to this section shall be investigated and prosecuted in accordance with the provisions of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.). Nothing in this section shall be construed to limit any enforcement authority of the Commissioner of Community Affairs or the Attorney General otherwise provided by law. Nothing in the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and P.L.1971, c.269 (C.52:32-4 et seq.) shall be deemed to limit the powers of the Attorney General under this act. The Attorney General and the Commissioner of Community Affairs shall adopt regulations to effectuate the purposes of this section.
L.1992,c.146,s.11; amended 2003, c.72, s.1.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-12.5 - Regulation of land use, housing, unlawful discrimination.

10:5-12.5 Regulation of land use, housing, unlawful discrimination.
12. a. It shall be an unlawful discrimination for a municipality, county, or other local civil or political subdivision of the State of New Jersey, or an officer, employee, or agent thereof, to exercise the power to regulate land use or housing in a manner that discriminates on the basis of race, creed, color, national origin, ancestry, marital status, familial status, sex, gender identity or expression, liability for service in the Armed Forces of the United States, nationality, or disability.
b. The provisions of subsection a. of this section may only be enforced by initiating an action in Superior Court pursuant to paragraph (2) of subsection a. of section 12 of P.L.1945, c.169 (C.10:5-13). The restrictions of this subsection shall not apply to claims alleging discrimination in housing owned or managed by a municipality, county or other local civil or political subdivision of the State of New Jersey where such discrimination is otherwise prohibited by section 11 of P.L.1945, c.169 (C.10:5-12).
L.1992, c.146, s.12; amended 2003, c.180, s.13; 2006, c.100, s.10; 2017, c.184, s.4; 2019, c.436, s.4.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-12.6 - Liability imposed on employers who discharge, discriminate against employee who displays the American flag.

10:5-12.6 Liability imposed on employers who discharge, discriminate against employee who displays the American flag.
1. No employer, public or private, shall discharge or discriminate against an employee in compensation or in terms, conditions or privileges of employment for displaying the American flag on the employee's person or work station, provided the display does not substantially andmaterially interfere with the employee's job duties. An employer who discharges or discriminates against an employee as described in this section shall be liable to the employee for damages caused by the discharge or discrimination, including punitive damages, and for reasonable attorney's fees as part of the costs of any action for damages. If the court determines that the action for damages was brought without substantial justification, the court may award costs and reasonable attorney's fees to the employer.
L.2001,c.385.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-12.7 - Certain waivers in employment contract deemed against public policy and unenforceable.

10:5-12.7 Certain waivers in employment contract deemed against public policy and unenforceable.
1. a. A provision in any employment contract that waives any substantive or procedural right or remedy relating to a claim of discrimination, retaliation, or harassment shall be deemed against public policy and unenforceable.
b. No right or remedy under the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.) or any other statute or case law shall be prospectively waived.
c. This section shall not apply to the terms of any collective bargaining agreement between an employer and the collective bargaining representative of the employees.
L.2019, c.39, s.1.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-12.8 - Certain provisions in employment contract, settlement agreement deemed against public policy and unenforceable.

10:5-12.8 Certain provisions in employment contract, settlement agreement deemed against public policy and unenforceable.
2. a. A provision in any employment contract or settlement agreement which has the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment (hereinafter referred to as a "non-disclosure provision") shall be deemed against public policy and unenforceable against a current or former employee (hereinafter referred to as an "employee") who is a party to the contract or settlement. If the employee publicly reveals sufficient details of the claim so that the employer is reasonably identifiable, then the non-disclosure provision shall also be unenforceable against the employer.
b. Every settlement agreement resolving a discrimination, retaliation, or harassment claim by an employee against an employer shall include a bold, prominently placed notice that although the parties may have agreed to keep the settlement and underlying facts confidential, such a provision in an agreement is unenforceable against the employer if the employee publicly reveals sufficient details of the claim so that the employer is reasonably identifiable.
c. Notwithstanding any other provision of law to the contrary, this section shall not be construed to prohibit an employer from requiring an employee to sign an agreement:
(1) in which the employee agrees not to enter into competition with the employer during or after employment; or
(2) in which the employee agrees not to disclose proprietary information, which includes only non-public trade secrets, business plan and customer information.
L.2019, c.39, s.2.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-12.9 - Liability for enforcing, attempting to enforce provision deemed against public policy, unenforceable.

10:5-12.9 Liability for enforcing, attempting to enforce provision deemed against public policy, unenforceable.
3. A person who enforces or attempts to enforce a provision deemed against public policy and unenforceable pursuant to P.L.2019, c.39 (C.10:5-12.7 et seq.) shall be liable for the employee's reasonable attorney fees and costs.
L.2019, c.39, s.3.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-12.10 - Retaliatory actions prohibited.

10:5-12.10 Retaliatory actions prohibited.
4. No person shall take any retaliatory action, including but not limited to failure to hire, discharge, suspension, demotion, discrimination in the terms, conditions, or privileges of employment, or other adverse action, against a person, on grounds that the person does not enter into an agreement or contract that contains a provision deemed against public policy and unenforceable pursuant to P.L.2019, c.39 (C.10:5-12.7 et seq.).
L.2019, c.39, s.4.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-12.11 - Grievances, actions.

10:5-12.11 Grievances, actions.
5. Any person claiming to be aggrieved by a violation of P.L.2019, c.39 (C.10:5-12.7 et seq.) may initiate suit in Superior Court. An action pursuant to this section shall be commenced within two years next after the cause of any such action shall have accrued. All remedies available in common law tort actions shall be available to prevailing plaintiffs. These remedies are in addition to any provided by P.L.2019, c.39 (C.10:5-12.7 et seq.) or any other statute. A prevailing plaintiff shall be awarded reasonable attorney fees and costs.
L.2019, c.39, s.5.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-12.12 - Unlawful employment practice; member of protected class.

10:5-12.12 Unlawful employment practice; member of protected class.
2. a. Except as otherwise provided by section 1 of P.L.2019, c.199 (C.34:6B-20), if a job applicant is a member of a protected class as defined in subsection t. of section 11 of P.L.1945, c.169 (C.10:5-12), it shall be an unlawful employment practice in violation of P.L.1945, c.169 (C.10:5-1 et seq.) for an employer:
(1) to screen a job applicant based on the applicant's salary history, including, but not limited to, the applicant's prior wages, salaries, or benefits; or
(2) to require that the applicant's salary history satisfy any minimum or maximum criteria.
b. An award of punitive damages shall not be an available remedy for a violation of this section.
L.2019, c.199, s.2.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-14 - Investigation of complaint; Attorney General's duties.

10:5-14. Investigation of complaint; Attorney General's duties.
13. After the filing of any complaint, the Attorney General shall cause prompt investigation to be made in connection therewith and advise the complainant of the results thereof. During the period beginning with the filing of such complaint and ending with the closure of the case or 45 days from the date of a finding of probable cause, the Attorney General shall, to the extent feasible, engage in conciliation with respect to such complaint. Neither the Attorney General nor any officer or employee of the division shall disclose any conversation between the Attorney General or a representative and the respondent or a representative at such conference, except that the Attorney General and any officer or employee may disclose the terms of a settlement offer to the complainant or other aggrieved person on whose behalf the complaint was filed.
L.1945,c.169,s.13; amended 1949, c.11, s.9; 1963, c.40, s.8; 1966, c.17, s.5; 1990, c.12, s.3; 1992, c.146, s.10; 2003, c.180, s.14.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-14.1 - Enforcement of act; summary proceedings; injunction.

10:5-14.1 Enforcement of act; summary proceedings; injunction.
6. At any time after the filing of any complaint, or whenever it shall appear to the Attorney General or the director that a person has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by this act, the Attorney General or the director may proceed against any person in a summary manner in the Superior Court of New Jersey to obtain an injunction prohibiting such person from continuing such practices or engaging therein or doing any acts in furtherance thereof, to compel compliance with any of the provisions of this act, or to prevent violations or attempts to violate any such provisions, or attempts to interfere with or impede the enforcement of any such provisions or the exercise or performance of any power or duty thereunder.
L.1966, c.17, s.6; amended 2019, c.436, s.6.
2023 New Jersey Revised Statutes › Title 10 - Civil Rights › Section 10:5-14.1a - Penalties; disposition.

10:5-14.1a Penalties; disposition.
2. Any person who violates any of the provisions of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), shall, in addition to any other relief or affirmative action provided by law, be liable for the following penalties:
a. In an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior violation within the five-year period ending on the date of the filing of this charge;
b. In an amount not exceeding $25,000 if the respondent has been adjudged to have committed one other violation within the five-year period ending on the date of the filing of this charge; and
c. In an amount not exceeding $50,000 if the respondent has been adjudged to have committed two or more violations within the seven-year period ending on the date of the filing of this charge.
The penalties shall be determined by the director in such amounts as the director deems proper under the circumstances and included in an order following a finding of an unlawful discrimination or an unlawful employment practice pursuant to section 16 of P.L.1945, c.169 (C.10:5-17) or determined by the court in cases brought under subsection b. of section 9 of P.L.2019, c.436 (C.10:5-8.2). Any such amounts collected by the director shall be paid forthwith into the State Treasury for the general purposes of the State.
L.1983, c.412, s.2; amended 2001, c.254; 2019, c.436, s.7.