Bill > A4637

Introduced Session

This bill makes it unlawful discrimination in violation of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.) to subject an individual to unlawful harassment, because of the individual's sex or other characteristic protected under that law. The bill sets standards and procedures for determining when unlawful harassment occurs, both for cases of unlawful employment practices and for cases of unlawful discrimination. For a claim that harassment is an unlawful employment practice based on a hostile work environment, determining whether unlawful harassment has occurred is based on factors which include whether the harassing conduct was sufficiently severe or pervasive to create an intimidating, hostile, or offensive work environment, based on the totality of the circumstances, including the cumulative effect of all incidents of harassing conduct affecting all workers in a workplace, regardless of whether or not the conduct involved direct physical contact or threats or loss of job benefits. For a claim that harassment is an unlawful discrimination based on a hostile environment in housing, a school, or other place of public accommodation, determining whether unlawful harassment has occurred is based on the same factors as they would apply to such discrimination. The bill requires employers to establish written nondiscrimination workplace policies to prevent unlawful discrimination and harassment, which explain the policies, and stipulate procedures and remedies for violations. The Division on Civil Rights is directed to create a model nondiscrimination policy that complies with the requirements of the bill and can be adopted by an employer with fewer than 50 employees, and another model policy specifically for employers of domestic workers. The bill requires an employer to provide interactive training to all supervisory employees and all other employees regarding the prevention of unlawful discrimination and harassment in the workplace, and sets standards for the training and the responsibilities of supervisors under the bill. The bill also sets requirements for each employer with 50 or more employees regarding the collection and reporting to the division by an employer of data regarding complaints of violations of the provisions of the bill. The bill extends the protections of the Law Against Discrimination to cover domestic workers. The bill sets or extends the periods of time in which certain actions regarding unlawful discrimination may be taken.

Committee Categories

Annette Quijano (D)*, 

Introduced, Referred to Assembly Labor Committee (on 09/14/2020)