On May 14, 2024, the NJ Office of the Attorney General and Division on Civil Rights (DCR) issued Enforcement Guidance (Guidance) that interprets the protections under the New Jersey Law Against Discrimination (NJLAD) to broadly extend to workers who are employed by a New Jersey company, even if they work remotely in another state.
The Guidance advises that “the substantive provisions of the [NJ]LAD do not distinguish among victims of discrimination by New Jersey employers. Whether an employee working for a New Jersey employer lives in New Jersey, commutes to work from another state, or works remotely from outside New Jersey, the [NJ]LAD protects the right to a workplace free from discrimination and bias-based harassment. Thus, any aggrieved employee, regardless of their residency or where they physically work, including those who work remotely full-time or part-time on a hybrid schedule, may seek redress for violations of the [NJ]LAD by New Jersey employers.”
This Guidance comes in the wake of New Jersey Appellate Division case Calabotta v. Phibro Animal Health Corp., 460 N.J. Super. 38, 63 (App. Div. 2019) which held that the NJLAD “can extend in appropriate circumstances to plaintiffs who reside or work outside of” New Jersey and permitted an employee who lived in Illinois and worked for an Illinois subsidiary of a New Jersey employer to bring a claim under the NJLAD for discrimination based on the employer’s alleged failure to promote, and United States District Court for the District of New Jersey case Schulman v. Zoetis, Inc., No. 22-1351, 2023 WL 4539476, at *3–4 (D.N.J. July 14, 2023) which stated that the NJLAD would protect an employee who worked remotely from New Hampshire for a New Jersey employer.
However, the Guidance does state that “while the [NJ]LAD provides broad protection against discrimination by New Jersey employers, the [NJ]LAD does not necessarily extend to individuals who work for an employer that is based in another state,” but cautions that in cases where the NJLAD does not apply, “federal laws and laws in other states may nonetheless still provide protection against discrimination.”
Takeaways
Given this Guidance, employers should be sure to clarify the coverage of the NJLAD in their workplace policies and procedures and review and update contracts and agreements as needed. Further, employers should educate supervisors, managers, and those with authority of the NJLAD’s broad reach.
This summary is for informational purposes only and is not intended to constitute legal advice. This information should not be reused without permission.
