The only constant is change. That’s especially true of the law, which evolves through amendment of statutes and court rulings. Proposed changes to New Jersey law would be improvements for those fighting illegal workplace discrimination.

Pending amendments could make several changes to New Jersey’s anti-discrimination law. In September, a bill was introduced to the state General Assembly and referred to its Labor Committee. The proposed changes result from a report by the state’s civil rights enforcers, the New Jersey Division on Civil Rights (DCR).

Improved Employee Training

The amendments to the New Jersey Law Against Discrimination (NJLAD) would strengthen the law by enhancing worker protections by requiring more employer anti-discrimination training and widen employer reporting requirements of complaints of workplace discrimination or harassment.

Interactive and participatory training would be required for all employers, while live, in-person training with workers able to ask questions would need to be done by large employers (those with 50 or more employees). The training would need to be given to all employees within a year of the law’s change and at least once every two years afterward. New employees would have to be trained within 90 days of starting their jobs.

The proposed training would include:

• Definitions and examples of illegal discrimination and harassment
• Bystander intervention
• A description of how to make internal discrimination and harassment complaints
• Directions on contacting the DCR to file complaints
• Discussions of illegal retaliation as well as sanctions for violators and supervisors who knowingly allow it to happen

Employers would be required to distribute written harassment and anti-discrimination policies within a year of the amendments passing. The new rules would cover interactions with employees, vendors, suppliers, customers, clients, and patrons.

Internal Discrimination Complaints Should be Taken Seriously

The bill would require large employers to report discrimination and harassment complaint statistics to the DCR. The information to be reported would include the number of complaints that:

• Were filed with the employer
• Were investigated and found to be substantiated or unsubstantiated
• Were unresolved or pending at the time of the reporting

Employers would also have to disclose their policies on having “prompt, thorough and impartial investigations” into harassment, discrimination, and retaliation complaints. DCR has issued its “best practices” for these investigations. They state employers should:

• Consistently enforce retaliation prohibitions
• Maintain complainant confidentiality to prevent retaliation
• Provide investigators enough resources and power to do their jobs
• Make sure investigators are impartial, objective, and well-trained. This could include hiring an outside party to perform investigations
• Have policies that spell out investigation procedures
• Allow investigators to reach meaningful conclusions
• Follow up on those finding with corrective action as needed

The state’s General Assembly is mostly filled with Democratic members by about a two to one margin. Whether or not the amendments will pass won’t be known for some time. What’s proposed aren’t radical changes, but they are steps in the right direction for employees.

Take the Next Steps

If you have questions about discrimination law or believe your employer is breaking the law, contact our Kingston law offices. You may reach us online, via email (hisaacs@kingstonlawgroup.com), or by phone (609-683-7400).

We will schedule a near-term, reduced fee, initial consultation, whether protected by social distance and masks, Zoom, or phone.  We take credit cards and have general appointments from 9 a.m. to 5:30 p.m., Monday through Friday. We can schedule evening appointments during the week by pre-arrangement only. Contact us today. You’ll be glad you did.