Title 10, Title 10: CIVIL RIGHTS

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 p…

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 perso…

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 …

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 sh…

10:5-12.2. Unlawful discrimination against Medicaid applicants, recipients of public assistance It shall be an unlawful discrimination for any skilled nursing or intermediate care facility which is a Medicaid provider pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) and whose Medi…

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 th…

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 secti…

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…

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 dis…

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 deeme…

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 discrimi…

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 lia…

10:5-13 Filing complaints, prosecution; jury trial; remedies; damages. 12. a. (1) Any person claiming to be aggrieved by an unlawful employment practice or an unlawful discrimination may, personally or by an attorney-at-law, make, sign, and file with the division a verified compl…

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 …

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 …

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 …

10:5-14.2. Counties and municipalities over 200,000; office of civil rights; creation and establishment; officers; organization; powers Any county, except as hereinafter provided or any municipality with a population of at least 200,000 in a county of the first class, may, upon a…

10:5-14.3. Delegation of powers by Attorney General; review of findings and conclusions Upon a finding that the public interest may be better served thereby, the Attorney General may delegate to such county or municipal office of civil rights the power to investigate complaints a…

10:5-15. Notice requiring respondent to answer charges; place of hearing In case of failure so to eliminate such practice or discrimination, or in advance thereof if in his judgment circumstances so warrant, the Attorney General shall cause to be issued and served in the name of …

10:5-16 Practice, procedure, remedies. 15. When the director has issued a finding of probable cause, the case in support of the complaint shall be filed in Superior Court or presented before the director by the attorney for the division and evidence concerning attempted conciliat…

10:5-17 Findings and conclusions of director; actions; remedies or dismissal. 16. If, upon all evidence at the hearing, the director shall find that the respondent has engaged in any unlawful employment practice or unlawful discrimination as defined in P.L.1945, c.169 (C.10:5-1 e…

10:5-18. Rules of practice; limitations The Attorney General shall establish rules of practice to govern, expedite and effectuate the foregoing procedure and his own actions thereunder. Any complaint filed in the division or in any municipal office pursuant to this act must be so…

10:5-19. Enforcement of orders Observance of an order of the director issued pursuant to the provisions of this act including collection or enforcement of damages or penalties may be enforced by a summary civil action brought by the director in the Superior Court to obtain such r…

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 Constitut…

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 w…

10:5-21. Appeals Any person aggrieved by a final order of the director may take an appeal therefrom to the Superior Court, Appellate Division as an appeal from a State administrative agency. L.1945, c. 169, p. 597, s. 20. Amended by L.1949, c. 11, p. 46, s. 14; L.1953, c. 18, p. …

10:5-24. Transcript of hearing Any party may require that a transcript of a hearing be prepared at his cost. L.1945, c. 169, p. 598, s. 23. Amended by L.1949, c. 11, p. 48, s. 17; L.1963, c. 40, s. 15, eff. May 21, 1963; L.1979, c. 404, s. 5, eff. Feb. 8, 1980.

10:5-25. Attorney for division; compensation The Attorney General shall appoint or assign the attorney for the division who may be a deputy attorney general. If said attorney is not a deputy attorney general he shall receive such compensation as may be determined by the Attorney …

10:5-26. Resisting or impeding performance of duties; violation of orders; punishment Any person who shall willfully resist, prevent, impede or interfere with the Attorney General or any representative of the division in the performance of duty under this act, or shall willfully …

10:5-27 Construction of act; other laws not affected; exception; other remedies. 26. The provisions of this act shall be construed fairly and justly with due regard to the interests of all parties. Nothing contained in this act shall be deemed to repeal any of the provisions of t…

10:5-27.1 Attorney fees. 6. In any action or proceeding brought under P.L.1945, c.169 (C.10:5-1 et seq.), the prevailing party may be awarded a reasonable attorney's fee as part of the cost, provided however, that no attorney's fee shall be awarded to the respondent unless there …

10:5-28. Partial invalidity If any clause, sentence, paragraph, or part of this act or any amendment or supplement thereto 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 judgme…

10:5-29 Person with a disability; accompaniment by service or guide dog; use of public facilities; liabilities. 1. Any person with a disability accompanied by a service or guide dog trained by a recognized training agency or school is entitled, with his dog, to the full and equal…

10:5-29.1 Person with a disability; unlawful employment practice. 3. Unless it can be clearly shown that a person's disability would prevent such person from performing a particular job, it is an unlawful employment practice to deny to an otherwise qualified person with a disabil…

10:5-29.10 Violations; fine. 4. Any person who violates a provision of this act shall be subject to a fine of between $100 and $500. L.2006, c.88, s.4.

10:5-29.11 Civil penalty concerning person with a disability accompanied by guide or service dogs; complaint, action with Division on Civil Rights. 1. a. Any person who interferes with or denies the access of a person with a disability accompanied by a service or guide dog to any…

10:5-29.2 Housing accommodations. 4. A person with a disability is entitled to rent, lease or purchase, as other members of the general public, all housing accommodations offered for rent, lease, or compensation in this State, subject to the rights, conditions and limitations est…

10:5-29.3 Service, guide dog trainer; access to public facilities; responsibilities. 5. A service or guide dog trainer, while engaged in the actual training process and activities of service dogs or guide dogs, shall have the same rights and privileges with respect to access to p…

10:5-29.4 Right-of-way for person accompanied by or instructing a guide dog. 6. A person with a disability accompanied by a guide dog, or a guide dog instructor engaged in instructing a guide dog, shall have the right-of-way over vehicles while crossing a highway or any intersect…

10:5-29.5 Violations, misrepresentation, interference with disabled persons, guide or service dogs; fine. 7. Any person who violates the provisions of P.L.1977, c.456 in a manner not otherwise prohibited by P.L.1945, c.169 (C.10:5-1 et seq.), or who fits a dog with a harness of t…

10:5-29.6 Rights and privileges relative to service dogs. 9. Whenever the law accords rights and privileges to or imposes conditions and restrictions upon blind persons with respect to their use of dogs to countervail their disability, and known and described as "seeing eye" dogs…

10:5-29.7 Definitions relative to access for certain working dogs. 1. As used in this act: "Housing accommodation" means the same as the term is defined in subsection u. of section 5 of P.L.1945, c.169 (C.10:5-5); "Public facility" means the same as the term is defined in subsect…

10:5-29.8 Law enforcement, emergency service workers with working dog entitled to full access. 2. Any member of a police, fire, law enforcement or other related emergency service agency, accompanied by a working dog, trained by a recognized training agency or school, is entitled,…

10:5-29.9 Possessors of working dog, certain, entitlement to housing, business accommodations. 3. A member of a police, fire, law enforcement or other related emergency service agency who possesses a working dog, is entitled to rent, lease or purchase, as other members of the gen…

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 stat…

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…