reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 11 - EMPLOYMENT ADVERTISING › Subchapter 1 - GENERAL PROVISIONS › Section 13:11-1.5 - Ruling by Division on bona fide occupational qualifications for particular jobs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any employer, union, employment agency, newspaper, or other publication may make an inquiry of the Division on Civil Rights (at (609) 984-3138, 140 East Front Street, PO Box 89, Trenton, New Jersey 08625-0089) as to whether race, creed, color, national origin, ancestry, nationality, age, sex, affectional or sexual orientation, gender identity or expression, disability, liability for service in the Armed Forces of the United States, domestic partnership status, civil union status, or marital status is a bona fide occupational qualification for a particular job which they intend to publish, print, or circulate or cause to be published, printed, or circulated. If an inquiry is made with respect to a specific advertisement, the entity making the inquiry shall supply a copy of the advertisement the entity seeks to publish.
(b) The Division shall give opinions in response to such inquiries as soon as practicable following receipt of all relevant material and information in connection with the inquiry.
(c) An opinion rendered orally or in writing by the Division prior to the publication of any advertisement in response to such an inquiry shall be binding for the purpose of these provisions, except in those instances in which the inquiry has not fully and accurately disclosed the relevant facts regarding the particular job or advertisement in question.
(d) The Division shall maintain records as to each inquiry made pursuant to this section, to include the name, title and address of the caller, a summary of the job and job duties, the basis for the exception claimed and the time, date, identification number and disposition of the inquiry.
(e) A newspaper or other publication shall not be in violation of this chapter where it has accepted any specific advertisement in good faith and in reasonable reliance upon the representations of the person placing the advertisement that he or she has obtained from the Division an opinion that there is a bona fide occupational qualification for the specific job advertised together with the identification number of that opinion.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 1 - GENERAL PROVISIONS › Section 13:13-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter is designed to implement the Law Against Discrimination, 10:5-1 et seq. ("the act" or "the statute"), as it pertains specifically to discrimination on the basis of physical and mental disability.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 1 - GENERAL PROVISIONS › Section 13:13-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Consistent with the public policy underlying the Law Against Discrimination and with firmly established principles for the interpretation of such remedial legislation, the remedial provisions of the statute will be given a broad construction and its exceptions construed narrowly.
(b) The provisions of these regulations are severable. If any provision or the application of any provisions of these regulations to any person or circumstances is invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 1 - GENERAL PROVISIONS › Section 13:13-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Covered multifamily dwellings" means buildings covered by the provisions of the Barrier-Free Subcode of the State Uniform Construction Code Act, 52:27D-119 et seq. and N.J.A.C. 5:23-7.
"Disability" as used in this chapter will have the same meaning as the term "disability" is given by 10:5-5(q). "A person with a disability" also means:
1. A person who is perceived as or believed to be a person with a disability, whether or not that individual is actually a person with a disability; and
2. A person who has been a person with a disability at any time.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 2 - EMPLOYMENT › Section 13:13-2.1 - Job advertising and solicitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is unlawful to print or cause to be printed any advertisement which has the effect of discouraging people with disabilities from applying for a job for which they are qualified, despite a particular disability or which contains the words "able-bodied persons wanted," or their equivalent. An employer may include a statement of the particular physical or mental abilities reasonably necessary for the performance of the essential functions of the job.
(b) The publication by any communications medium of any notice of advertisement relating to employment, or to membership in a labor organization, indicating any preference, limitation, specification, or discrimination based on disability is unlawful unless such notice or advertisement falls within one of the exceptions enumerated by 13:13-2.8.
(c) All employers, labor organizations and employment agencies should conduct job vacancy, membership recruitment and employment referral programs in such a manner as to assure that all persons, including people with disabilities, are given fair and adequate notice of job vacancies, membership opportunities and employment referral opportunities:
1. Employers and labor organizations are encouraged to place notices or advertisements relating to employment, or to membership in a labor organization, in the newspaper having the largest circulation in the relevant labor market, unless the position sought to be filled requires specialized training, education, experience or licensing of a type not commonly found among members of the workforce in the relevant labor market.
2. Employers should encourage their referral sources to seek and refer qualified individuals with disabilities.
3. Employers are encouraged to list all job openings and requests for referrals with institutions, agencies, and organizations of or serving people with disabilities including the Division of Vocational Rehabilitation Services in the New Jersey Department of Labor.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 2 - EMPLOYMENT › Section 13:13-2.2 - Job referrals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The knowing use by an employer of any employment agency or recruitment source which does not refer people with disabilities or which discriminates against people with disabilities is an unlawful act of discrimination.
(b) The failure or refusal of any employment agency or labor organization to refer for employment any individual because that individual is a person with a disability is an unlawful employment practice. It is unlawful for an employment agency or labor organization to comply with an employer's request for referrals if such a request indicates either directly or indirectly that the employer will discriminate against people with disabilities.
(c) It is an unlawful employment practice for any employment agency or labor organization to classify people with disabilities in any way which would deprive or have the effect of depriving people with disabilities of employment opportunities or otherwise affect employee status.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 2 - EMPLOYMENT › Section 13:13-2.3 - Employment criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is an unlawful employment practice for any employer, employment agency or labor organization to make use of any employment test or other selection criterion that screens out or has the effect of screening out people with disabilities unless:
1. That test score or other selection criterion is shown to be job related for the position in question; and
2. Alternative job-related tests or criteria that do not screen out or have the effect of screening out fewer people with disabilities are not available.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 2 - EMPLOYMENT › Section 13:13-2.4 - Pre-employment inquiries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be an unlawful practice for an employer, employment agency or labor organization to elicit or attempt to elicit, either verbally or through the use of an application form or request for documentation, any information which would tend to divulge the existence of a disability or health condition, unless required or necessitated by Federal law or regulation. An employer, employment agency or labor organization may inquire whether an applicant is precluded from satisfactorily performing the essential functions of the job in question.
(b) It is not unlawful for an employer to invite applicants for employment to identify themselves as a person with a disability:
1. To satisfy the affirmative action requirements of Federal law;
2. To implement a court ordered or other bona fide affirmative action plan to promote the employment of people with disabilities; or
3. To implement a special program which is designed to benefit people with disabilities when a condition for a person's participation in the program is that he or she is a person with a disability.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 2 - EMPLOYMENT › Section 13:13-2.5 - Reasonable accommodation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All employers shall conduct their employment procedures in such a manner as to assure that all people with disabilities are given equal consideration with people who do not have disabilities for all aspects of employment including, but not limited to, hiring, promotion, tenure, training, assignment, transfers, and leaves on the basis of their qualifications and abilities. Each individual's ability to perform a particular job must be assessed on an individual basis.
(b) An employer must make a reasonable accommodation to the limitations of an employee or applicant who is a person with a disability, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business. The determination as to whether an employer has failed to make reasonable accommodation will be made on a case-by-case basis.
1. Under circumstances where such accommodation will not impose an undue hardship on the operation of an employer's business, examples of reasonable accommodation may include:
i. Making facilities used by employees readily accessible and usable by people with disabilities;
ii. Job restructuring, part-time or modified work schedules or leaves of absence;
iii. Acquisition or modification of equipment or devices; and
iv. Job reassignment and other similar actions.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 2 - EMPLOYMENT › Section 13:13-2.6 - Wages and fringe benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer's wage scale must be unrelated to the disability of its employees, except where permitted by State or Federal law.
(b) Occupational training and retraining programs, including, but not limited to, guidance programs, apprentice training programs and executive training programs, shall not be conducted in such a manner as to discourage or otherwise discriminate against people with disabilities.
(c) It is an unlawful practice for any employer to discriminate against people with disabilities, with regard to fringe benefits provided either directly by an employer or through contracts with insurance carriers. Fringe benefits as used in this section include, but are not limited to, medical, hospital, accident and life insurance, retirement benefits, profit sharing and bonus plans and leave. This subsection does not, for example, prohibit any employer from providing medical insurance, which limits coverage for certain procedures or treatments, unless these activities are being used as a subterfuge to evade the purposes of this subchapter. Rather, whatever medical insurance is made available to non-disabled employees must be equally available to employees with disabilities.
(d) Regulations promulgated pursuant to the Law Against Discrimination shall supersede any inconsistent term of a collective bargaining agreement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 2 - EMPLOYMENT › Section 13:13-2.7 - Labor organizations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is unlawful for any labor organization to exclude or expel any individual from membership or from any apprenticeship program because that individual is a person with a disability.
(b) It is an unlawful employment practice for any labor organization to discriminate on the basis of disability with respect to hiring, tenure, promotion, transfer, compensation, terms, conditions or privileges of employment, representation, grievances or any other matter directly or indirectly related to membership in or employment by such an organization.
(c) It is unlawful for a labor organization to cause or to attempt to cause an employer to discriminate against an individual because that individual is a person with a disability.
(d) It is unlawful to engage in any activity proscribed by (a), (b), or (c) above notwithstanding that activity is authorized or required by the constitution or by-laws of a labor organization or by a collective bargaining agreement or other contract to which the labor organization is a party.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 2 - EMPLOYMENT › Section 13:13-2.8 - Exception

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be lawful to take any action otherwise prohibited under this section where it can reasonably be determined that an applicant or employee, as a result of the individual's disability, cannot perform the essential functions of the job even with reasonable accommodation.
1. Refusal to refer, admit to membership, hire or transfer a person with a disability may be lawful where the nature or extent of the individual's disability reasonably precludes the performance the essential functions of the particular employment even with reasonable accommodation. Such a decision, however, must be based upon an objective standard supported by factual evidence rather than on the basis of general assumptions that a particular disability would interfere with the individual's ability to perform the essential functions of the job.
2. Refusal to select a person with a disability may be lawful where it can be demonstrated that the employment of that individual in a particular position would be hazardous to the safety or health of such individual, other employees, clients or customers where hazard cannot be eliminated or reduced by reasonable accommodation. Such a decision must be based upon an objective standard supported by factual or scientifically validated evidence, rather than on the basis of general assumptions that a particular disability would create a hazard to the safety or health of such individual, other employees, clients or customers. A "hazard" to the person with a disability is a materially enhanced risk of serious harm.
3. The burden of proof is upon the employer, employment agency or labor organization to demonstrate in each case that the exception relied upon is based upon an objective standard supported by factual evidence, but no exception shall be based on:
i. A refusal to select a person with a disability because of the preferences of co-workers, clients, customers or the employer.
ii. A refusal to select a person with a disability because of the increased cost of insurance whether actual or anticipated, under a group or employee insurance plan provided in accordance with the law or as a fringe benefit.
iii. A refusal to select a person with a disability because of an assumption not supported by factual documented proof that such individual will incur a high rate of absenteeism in the future.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 3 - REAL PROPERTY › Section 13:13-3.1 - Application

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter on discrimination in real property applies to vendors and lessors of property and their agents, real estate brokers, agents and salespersons, lending institutions and other persons. For the purpose of this subchapter, lending institutions include banks, building and loan associations, insurance companies and any other enterprise whose business consists in whole or in part in the making or purchasing of any loan or extension of credit, for whatever purpose, whether secured by residential real estate or not, including, but not limited to, financial assistance for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any real property or part or portion thereof, or any agent or employee thereof.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 3 - REAL PROPERTY › Section 13:13-3.2 - Advertising and solicitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section applies to real property, public housing and the rental of:
1. A single apartment or flat in a two-family dwelling, the other occupancy unit of which is occupied by the owner as a residence at the time of such rental; and
2. A room or rooms to another person or persons by the owner or occupant of a one-family dwelling occupied by the owner or occupant as a residence at the time of such rental.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 3 - REAL PROPERTY › Section 13:13-3.3 - Inquiries

Current through Register Vol. 56, No. 14, July 15, 2024
It is unlawful for any person to make or cause to be made any written or oral inquiry or record concerning the disability of any prospective purchaser, tenant or prospective occupant of any real property, or the disability of any other person associated with a prospective purchaser, tenant or prospective occupant, unless such information is required by an agency of local, State or Federal government and the person states clearly that the information requested is intended for use solely by the government agency.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 3 - REAL PROPERTY › Section 13:13-3.4 - Sale or rental

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is unlawful for any person to discriminate on the basis of disability in the actual showing, sale, rental or lease of available real property. For example, a representation to any person, because that person is a person with a disability, that real property is not available for inspection, sale or rental when such real property is in fact so available is a violation of the act.
(b) It is unlawful for any person to misrepresent the price of real property listed for sale, rent or lease or to fail to communicate to the seller or lessor any offer made by a prospective buyer or lessor because the applicant or prospective occupant is a person with a disability, or because of any other person associated with the applicant or prospective occupant is a person with a disability.
(c) It is unlawful for any person to fail or refuse to show, rent or lease any real property to a person because he or she is a person with a disability who is accompanied by a guide or service dog or animal. Policies which restrict the availability of housing accommodations to persons without pets shall be void with respect to the above-mentioned segment of this protected class.
(d) It is unlawful for any person to fail or refuse to show, rent or lease any real property because a person with a disability will be residing or intends to reside in a dwelling or because of the disability of any person associated with a buyer or renter.
(e) It is unlawful for any person to discriminate against any individual because of disability in the price, terms, conditions or privileges of the sale, rental or lease of real property or in the provision of services for facilities in connection therewith. People with disabilities shall not be required to pay extra compensation or additional security deposits as a result of their maintaining or requiring special practices or accessories though such persons may be liable for any specific damage which may be done to the premises by virtue of their requirement.
1. This provision does not require a landlord to install or bear the expense of any such special accessories or practices. Apart from requiring payment for specific damage which may be done to the premises, however, a landlord may not charge a person with a disability an extra fee, for example, for keeping a guide or service dog or animal or maintaining special equipment such as a shower bar.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 3 - REAL PROPERTY › Section 13:13-3.5 - Eviction

Current through Register Vol. 56, No. 14, July 15, 2024
It is an unlawful act of discrimination for any person to evict a tenant because the tenant is a person with a disability, or because that person is associated with another person who is a person with a disability.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 3 - REAL PROPERTY › Section 13:13-3.6 - Financing

Current through Register Vol. 56, No. 14, July 15, 2024
It is unlawful for any lending institution or person to discriminate against an individual seeking a loan or other form of financial assistance whether in the initial extension of credit or in the terms and conditions of the obligation because that individual or an intended occupant of real property is a person with a disability, or because that individual or intended occupant is associated with another person who is a person with a disability. An application for loans or other forms of financial assistance means and extends to the purchase of an existing property, the construction of new buildings and the rehabilitation, repair or maintenance of existing property.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 3 - REAL PROPERTY › Section 13:13-3.7 - Covered multifamily dwellings

Current through Register Vol. 56, No. 14, July 15, 2024
In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, it shall be unlawful to fail to design and construct dwellings which comply with the standards set forth in the Barrier-Free subcode of the State Uniform Construction Code Act, 52:27D-119 et seq., and N.J.A.C. 5:23-7.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 4 - ACCESS TO PUBLIC ACCOMMODATIONS › Section 13:13-4.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to implement the provisions of the New Jersey Law Against Discrimination, 10:5-1 to 49, as it pertains to unlawful discrimination against people with disabilities by the owners, lessees, proprietors, managers, superintendents, agents or employees of any place of public accommodation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 4 - ACCESS TO PUBLIC ACCOMMODATIONS › Section 13:13-4.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall have the following meanings:
"LAD" means the New Jersey Law Against Discrimination, 10:5-1 to 49.
"Path of travel" means a continuous, unobstructed means of pedestrian passage by which the facilities may be approached, entered, and exited, and which connects the facility to an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and to other parts of the facility, and includes a continuous, unobstructed means of pedestrian passage to the areas of the facility where goods or services are made available to the general public, and to the restrooms, telephones, and drinking fountains.
"Person with a disability" and "people with disabilities" shall have the same meaning as the term "disabled" as defined in 10:5-5(q), and explained in 10:5-4.1, and shall include people who are perceived as having a disability.
"Place of public accommodation" shall include the places set forth in 10:5-5 (
l
), and shall also specifically include organizations that make membership available to the general public and entities that offer examinations or courses related to applications, licensing, certification or credentialing for secondary or post-secondary education, professional, or trade purposes.
"Qualified interpreter" means an interpreter who is able to interpret effectively, accurately and impartially both receptively and expressively, using any necessary specialized vocabulary.
"Service animal" means any animal individually trained to do work or perform tasks for the benefit of a person with a disability, including, but not limited to, guiding people with impaired vision, alerting people with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or retrieving dropped items.
"Service dog" means any guide dog, signal dog, or other dog individually trained to do work or perform tasks for the benefit of a person with a disability, including, but not limited to, guiding people with impaired vision, alerting people with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or retrieving dropped items.
"Smoking" means the burning of a lighted cigar, cigarette, pipe, or any other matter or substance which contains tobacco.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 4 - ACCESS TO PUBLIC ACCOMMODATIONS › Section 13:13-4.3 - Unlawful practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be unlawful for an owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation to refuse, withhold from or deny an individual, either directly or indirectly, on account of that person's disability or perceived disability, access to any of the accommodations, advantages, facilities or privileges of a place of public accommodation. It shall also be unlawful for an owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation to discriminate against a person with a disability in the price, eligibility criteria, methods of administration, standards, terms, or conditions upon which access to such accommodations, advantages, facilities or privileges may depend.
(b) It shall be unlawful for an owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, directly or indirectly, such as through contractual, licensing, or other arrangements, to accord a person with a disability differential terms, conditions or privileges of a place of public accommodation, or to accord a person with a disability differential opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation otherwise offered to the general public.
1. Separate goods, services, privileges, facilities, or terms and conditions of enjoyment shall be deemed differential unless such action is necessary to provide a person with a disability with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that offered to the general public, and provided the separate accommodation comports with the standards set forth in 13:13-4.4.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 4 - ACCESS TO PUBLIC ACCOMMODATIONS › Section 13:13-4.4 - Integrated settings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner, lessee, proprietor, manager, superintendent, agent or employee of a place of public accommodation shall, to the extent reasonable, afford goods, services, facilities, privileges, advantages, and accommodations to a person with a disability in the most integrated setting appropriate to the needs of that person.
(b) Notwithstanding the existence of separate or different programs or activities provided in accordance with this subchapter, an owner, lessee, proprietor, manager, superintendent, agent or employee of a public accommodation shall not deny a person with a disability the opportunity to participate in programs or activities that are not separate or different, in accordance with 13:13-4.8.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 4 - ACCESS TO PUBLIC ACCOMMODATIONS › Section 13:13-4.5 - Examinations

Current through Register Vol. 56, No. 14, July 15, 2024
An owner, lessee, proprietor, manager, superintendent, agent or employee of a place of public accommodation that offers examinations or courses related to applications, licensing, certification or credentialing for secondary or post-secondary education, professional, or trade purposes shall assure that examinations are selected and administered to best ensure that when an examination is administered to a person with a disability that impairs sensory, manual, or speaking skills, the examination results accurately reflect the individual's aptitude or achievement level or whatever other factor the examination purports to measure, rather than reflecting the individual's impaired sensory, manual, or speaking skills, except where those skills are the factors that the examination purports to measure.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 4 - ACCESS TO PUBLIC ACCOMMODATIONS › Section 13:13-4.6 - Prohibited charges

Current through Register Vol. 56, No. 14, July 15, 2024
It shall be unlawful for an owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation to impose a surcharge on a particular person with a disability or any group of people with disabilities to cover the costs of measures, such as the provision of auxiliary aids, barrier removal, alternatives to barrier removal, and reasonable modifications in policies, practices, or procedures, that may be required by law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 4 - ACCESS TO PUBLIC ACCOMMODATIONS › Section 13:13-4.7 - Retaliation or coercion

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be unlawful for any person to discriminate against any individual because that individual has opposed any act or practice prohibited by the LAD or because that individual filed a complaint, testified, assisted, or participated in any investigation or proceeding under the LAD.
(b) It shall be unlawful for any person to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by the LAD.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 4 - ACCESS TO PUBLIC ACCOMMODATIONS › Section 13:13-4.8 - Reasonable probability of serious harm

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Nothing in this subchapter shall be construed as requiring an owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation to permit a person with a disability to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of that public accommodation if to do so creates a reasonable probability of serious harm to the person with a disability, or to others, that cannot be mitigated with reasonable accommodation.
(b) In determining whether providing a person with a disability with access to a public accommodation poses a reasonable probability of serious harm to that individual, or to others, that cannot be mitigated with reasonable accommodation, an owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain the probability that the serious harm will actually occur and whether reasonable modifications of policies, practices, or procedures will mitigate the probability of serious harm.
(c) An owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation may impose legitimate safety requirements that are necessary for the safe operation of the facility. Such safety requirements shall be based on actual risks and not on mere speculation, stereotypes, or generalizations about people with disabilities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 4 - ACCESS TO PUBLIC ACCOMMODATIONS › Section 13:13-4.9 - Smoking

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in this subchapter shall be construed as making it unlawful to prohibit or impose restrictions on smoking in places of public accommodation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 4 - ACCESS TO PUBLIC ACCOMMODATIONS › Section 13:13-4.10 - Insurance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Nothing in the LAD or this subchapter shall be construed as interfering with the operation of the terms or conditions and administration of any bona fide insurance plan or program.
(b) It shall be unlawful for an owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation to refuse to serve a person with a disability because its insurance company conditions coverage or rates on the absence of people with disabilities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 4 - ACCESS TO PUBLIC ACCOMMODATIONS › Section 13:13-4.11 - Reasonable accommodation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation shall make reasonable accommodations to the limitations of a patron or prospective patron who is a person with a disability, including making such reasonable modifications in policies, practices, or procedures, as may be required to afford goods, services, facilities, privileges, advantages, or accommodations to a person with a disability, unless the owner, lessee, proprietor, manager, superintendent, agent or employee of the place of public accommodation demonstrates that making the accommodations would impose an undue burden on its operation.
(b) In determining whether an accommodation is unreasonable because it will impose an undue burden on the operation of a place of public accommodation, factors to be considered include:
1. The overall size of the business which runs the place of public accommodation with respect to the number of employees, number and type of facilities, and size of budget;
2. The nature and cost of the accommodation sought;
3. Whether the accommodation sought will result in a fundamental alteration to the goods, services, program or activity offered; and
4. Whether the accommodation sought involves an alteration that will threaten or destroy the historic significance of a building or facility that is eligible for listing in the National Register of Historic Places under the National Historic Preservation Act ( 16 U.S.C. §§
											470 et seq.) or designated as historic under State or local law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 13 - REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY › Subchapter 4 - ACCESS TO PUBLIC ACCOMMODATIONS › Section 13:13-4.13 - Referrals

Current through Register Vol. 56, No. 14, July 15, 2024
An owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation may refer a person with a disability to another place of public accommodation, if that person is seeking, or requires, treatment or services outside of the referring entity's area of specialization, and if, in the normal course of its operations, the referring entity would make a similar referral for an individual who is not a person with a disability and who seeks or requires the same treatment or services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 14 - RULES PERTAINING TO THE FAMILY LEAVE ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:14-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to implement the provisions of 34:11B-1 et seq. which provide for family leave for employees in certain cases and prohibit certain employer practices by establishing interpretations of the provisions of that statute.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 14 - RULES PERTAINING TO THE FAMILY LEAVE ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:14-1.3 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purpose of counting employees, an employer, as defined in the Act and in this chapter, shall consider:
1. Employees in this State, irrespective of their eligibility for family leave;
2. Employees who work outside of the State of New Jersey; and
3. Employees of an employer's subsidiary, division or other related entity. In making the determination of whether to count the employees of an employer's subsidiary, division or other entity, the Division on Civil Rights will consider any or all of the following factors on a case by case basis:
i. The interrelationship of the employer's operation;
ii. The degree of centralized control of labor relations;
iii. The existence of common management; and/or
iv. The degree of common ownership or financial control.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 14 - RULES PERTAINING TO THE FAMILY LEAVE ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:14-1.4 - Terms of leave

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Family leave may be taken for up to 12 weeks within any 24-month period. The leave may be paid, unpaid, or a combination of paid and unpaid.
(b) Except where emergent circumstances warrant shorter notice, the employee who requests the leave must provide the employer with the following notice:
1. For intermittent or reduced leave to:
i. Care for or bond with a newborn or a child placed with the employee for adoption or foster care or to care for a family member with a serious health condition, at least 15 days' notice; or
ii. Care for a family member made necessary by an epidemic of a communicable disease, a known or suspected exposure to a communicable disease, or efforts to prevent spread of a communicable disease, the employee must provide notice as soon as practicable; and
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 14 - RULES PERTAINING TO THE FAMILY LEAVE ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:14-1.5 - Leave entitlements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An eligible employee may take 12 weeks of family leave within any 24-month period in order to provide care made necessary by reason of:
1. The birth of a child of the employee;
2. The placement for adoption or foster care of a child with an employee;
3. The serious health condition of a family member of the employee; or
4. In the event of a state of emergency declared by the Governor, or when indicated to be needed by the New Jersey Commissioner of the Department of Health or other public health authority, an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of a communicable disease that:
i. Requires in-home care or treatment of a child due to the closure of the school or place of care of the child of the employee, by order of a public official due to the epidemic or other public health emergency;
ii. Prompts the issuance by a public health authority of a determination, including by mandatory quarantine, requiring or imposing responsive or prophylactic measures as a result of illness caused by an epidemic of a communicable disease or known or suspected exposure to the communicable disease because the presence in the community of a family member in need of care by the employee, would jeopardize the health of others; or
iii. Results in the recommendation of a health care provider or public health authority, that a family member in need of care by the employee voluntarily undergoes self-quarantine as a result of suspected exposure to a communicable disease because the presence in the community of that family member in need of care by the employee, would jeopardize the health of others.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 14 - RULES PERTAINING TO THE FAMILY LEAVE ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:14-1.7 - Accrued paid leave

Current through Register Vol. 56, No. 14, July 15, 2024
For the purpose of governing the use of accrued paid leave, employers shall treat family leave in the same manner as similar leaves of absence have been treated. If an employer has had a past practice or policy of requiring its employees to exhaust all accrued paid leave during a leave of absence, the employer may require employees to do so during a family leave. If an employer has a policy of allowing employees to take unpaid leaves without first exhausting accrued paid leave while on leave, it shall not require employees to exhaust accrued paid leave while on family leave. In situations where an employer does not have an established policy in this regard, the employee shall be entitled to utilize any accrued paid leave as part of the family leave. If such an employee determines not to utilize accrued paid leave, the employer shall not require such employee to utilize any accrued paid leave as part of the leave. Where an employer maintains leaves of absence which provide different policies and/or practices regarding the use of accrued paid leave, the employer shall treat family leave in the same manner as that other leave of absence which most closely resembles family leave.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 14 - RULES PERTAINING TO THE FAMILY LEAVE ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:14-1.8 - Other employment

Current through Register Vol. 56, No. 14, July 15, 2024
An employee on family leave may not engage in other full-time employment during the term of the leave, unless such employment commenced prior to the leave and is not otherwise prohibited by law. During the term of family leave an employee may commence part-time employment which shall not exceed half the regularly scheduled hours worked for the employer from whom the employee requested leave. An employee may continue part-time employment which commenced prior to the employee's family leave, at the same number of hours that the employee was regularly scheduled at that part-time employment prior to such leave. An employer may not maintain a policy or practice which prohibits part-time employment during the course of a leave or prohibits continuation of lawful full-time employment that commenced prior to the leave.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 14 - RULES PERTAINING TO THE FAMILY LEAVE ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:14-1.9 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer is not required to grant a family leave to any employee who would otherwise be eligible under this Act if:
1. The employee's base salary ranks within the highest paid five percent or the employee's base salary is one of the seven highest, whichever number of employees is greater (for purposes of this exception, all employees of an employer whether employed in New Jersey or not shall be included in this calculation);
2. The employer can demonstrate that the granting of the leave would cause a substantial and grievous economic injury to the employer's operations; and
3. The employer notifies the employee of its decision to deny the leave when that decision is made.