TRENTON, NJ – Attorney General Matthew J. Platkin, in conjunction with the Division on Civil Rights (DCR), announced the proposal of a new rule aimed at clarifying the legal boundaries of disparate impact discrimination under the New Jersey Law Against Discrimination (LAD).
This rule aims to provide detailed guidance on how seemingly neutral policies may unlawfully affect protected classes.
The LAD extends beyond direct discrimination, addressing policies that, while not explicitly targeting a protected group, may have adverse effects on these groups.
For instance, workplace bans on hats or head coverings could negatively impact individuals wearing religious garments, such as yarmulkes or hijabs, potentially constituting a violation of the LAD regardless of the employer’s intent.
The new rule, if adopted, will define the legal standards for proving disparate impact discrimination across various sectors, including employment, housing, public accommodations, financial lending, and contracting.
Attorney General Platkin emphasized the importance of moving away from defenses based on lack of intent to discriminate, advocating for a proactive approach in ensuring equality.
Director of the DCR, Sundeep Iyer, highlighted that the rule would offer clarity on disparate impact liability, potentially making it one of the most comprehensive measures of its kind nationwide.
It addresses numerous practices such as employment screenings based on criminal history, automated decision tools, and minimum income requirements in housing, which may now face stricter scrutiny under the proposed guidelines.
This initiative is part of New Jersey’s ongoing effort to enforce its civil rights laws more effectively and ensure that all residents, regardless of their protected status, have equal access to opportunities without discrimination.