New Jersey Administrative Code

(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 dis…

(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, tenur…

(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 train…

(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 b…

(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.…

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 a…

(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 p…

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 purchas…

(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 availabl…

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. Notes N.J. Admin. Code § 13:13-3.5 Amended by R.1995 d.243, effec…

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 occup…

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 Cons…

The purpose of this subchapter is to implement the provisions of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to 49, as it pertains to unlawful discrimination against people with disabilities by the owners, lessees, proprietors, managers, superintendents, agents or …

(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 em…

(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 modifica…

(a) Accommodations that may be reasonable in a particular situation include, but are not limited to: 1. Permitting the use of service or guide animals, other than dogs, that are individually trained to do work or perform tasks for the benefit of a person with a disability; 2. Mak…

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 enti…

The following words and terms, as used in this subchapter, shall have the following meanings: "LAD" means the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to 49. "Path of travel" means a continuous, unobstructed means of pedestrian passage by which the facilities may be…

(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…

(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 set…

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 pur…

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 t…

(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…

(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, pri…

Nothing in this subchapter shall be construed as making it unlawful to prohibit or impose restrictions on smoking in places of public accommodation. Notes N.J. Admin. Code § 13:13-4.9 New Rule, R.2001 d.480, effective 12/17/2001. See: 33 New Jersey Register 1852(a), 33 New Jersey…

The purpose of this chapter is to implement the provisions of N.J.S.A. 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. Notes N.J. Admin. Code …

(a) An employer may require an employee who requests family leave to sign a form of certification attesting that such employee is taking family leave in connection with the birth of a child or the placement of a child with the employee for adoption or foster care; to care for a f…

(a) Upon the expiration of a family leave, an employee shall be restored to the position such employee held immediately prior to the commencement of the leave. If such position has been filled, the employer shall reinstate such employee to an equivalent position of like seniority…

An employer shall grant a family leave to more than one employee from the same family (for example, a husband and a wife, or a brother and a sister) at the same time, provided such employees are otherwise eligible for the leave. Notes N.J. Admin. Code § 13:14-1.12 Amended by R.20…

Where an employer maintains leaves of absence which provide benefits, other than health benefits, that differ depending upon the type of leave taken, such employer shall provide those benefits to an employee on family leave in the same manner as it provides benefits to employees …

(a) Employers covered under the Act shall display the official Family Leave Act poster of the Division on Civil Rights in accordance with N.J.A.C. 13:8-2.2. The poster is available for printing from the Divisions website, www.njcivilrights.gov. (b) If an employer covered under th…

No employer shall discharge or in any way retaliate against or penalize any employee because such employee sought information about family leave provisions, filed a complaint alleging a violation of the Act or this chapter or exercised any right granted under the Act or this chap…

Any complaint filed in the Division which alleges a violation of the Act or these regulations shall be processed in the same manner as a complaint filed under the terms of N.J.S.A. 10:5-1 et seq. and N.J.A.C. 13:4. Notes N.J. Admin. Code § 13:14-1.16

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Act" means the "Family Leave Act,"N.J.S.A. 34:11B-1 et seq., unless the context indicates otherwise. "Base Hours" means the hours of work …

(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 empl…

(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 …

(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 con…

(a) Where an employee requests leave for a reason covered by both the New Jersey Family Leave Act and another law, the leave simultaneously counts against the employee's entitlement under both laws. For example, the Federal Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 e…

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…

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 s…

(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 emplo…

The purpose of this chapter is to effectuate the exemption in the Law Against Discrimination, N.J.S.A. 10:5-1 to 42, and the Fair Housing Act, 42 U.S.C. § 3601 et seq., that relates to housing for older persons. Notes N.J. Admin. Code § 13:15-1.1

(a) The provisions regarding familial status in the Law Against Discrimination do not apply to housing that satisfies the requirements of N.J.A.C. 13:15-1.3, 1.4, or 1.5. Nothing in the requirements of N.J.A.C. 13:15-1.3, 1.4, or 1.5 shall be construed to restrict the age of any …

The provisions regarding familial status in this chapter shall not apply to housing provided under any State program that the Attorney General determines is specifically designed and operated to assist elderly persons (as defined in the State program); or provided under any Feder…

(a) The provisions regarding familial status in this chapter shall not apply to housing intended for, and solely occupied by, persons 62 years of age or older. Housing satisfies the requirements of this section even though: 1. There are persons residing in such housing on Septemb…

(a) The provisions regarding familial status shall not apply to housing intended and operated for occupancy by at least one person 55 years of age or older per unit, provided that the housing satisfies the requirements of (b)1 or (b)2 below, and the requirements of (c). (b) If ei…

(a) This Subchapter 1 replaces the following regulations previously adopted: 1. Subchapter 1 (Special Permits for Overdimensional Vehicles) of this Chapter; 2. Subchapter 2 (Permits in Book Form) of this Chapter; 3. Subchapter 3 (Special Permits for Overweight Vehicles) of this C…