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Bill > A4289


NJ A4289

NJ A4289
Codifies protections in Law Against Discrimination for persons suffering discrimination on grounds of disparate impact.


summary

Introduced
06/22/2020
In Committee
06/22/2020
Crossed Over
Passed
Dead
01/11/2022

Introduced Session

2020-2021 Regular Session

Bill Summary

This bill would amend the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.) (the "LAD") to codify case law providing that the LAD protects those plaintiffs suffering discrimination on grounds of "disparate impact." Pursuant to the case law, the LAD protects two kinds of plaintiffs who are members of a protected class (such as race, creed, color, national origin, ancestry, age, sex, gender identity or expression, affectional or sexual orientation, marital status, liability for service in the Armed Forces of the United States, disability or nationality, among others): those plaintiffs who suffer disparate treatment because of their membership in the protected class, and those who suffer from the disparate impact of a facially neutral policy that in fact falls more harshly on them because of their membership in the protected class. See Gerety v. Atl. City Hilton Casino Resort, 184 N.J. 391 (2004).

AI Summary

This bill would amend the "Law Against Discrimination" (LAD) to codify case law that protects individuals who suffer discrimination due to disparate impact, in addition to those who suffer disparate treatment. Disparate impact refers to a situation where a facially neutral policy or practice has a harsher effect on a protected class, such as race, creed, color, national origin, age, sex, or disability, even if there is no intent to discriminate. This bill aims to make clear that the LAD provides legal remedies, including compensatory and punitive damages, for those who suffer harms from disparate impact discrimination, in addition to disparate treatment.

Committee Categories

Justice

Sponsors (3)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 06/22/2020)

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