Bill > S3056

Introduced Session

This bill clarifies that unlawful discrimination under the "Law Against Discrimination" on the basis of or because of a person's sex includes sexual harassment and sexual assault. Additionally, the bill clarifies that sexual assault is a form of sex discrimination. Specifically, the bill codifies United States Supreme Court decision Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 65 (1986), which held "sexual harassment," including "[u]nwelcome . . . physical conduct of a sexual nature," constitutes sex discrimination under Title VII of the Civil Rights Act of 1964. The bill also codifies two State Supreme Court decisions: Lehmann v. Toys 'R' Us, Inc., 132 N.J. 587 (1993) ("Lehmann") and C.V. v. Waterford Twp. Bd. of Educ., 255 N.J. 289 (2023) ("C.V."). Lehmann held that "sexual touching of areas of the body linked to sexuality happens, by definition, because of sex." Further, C.V. held that sexual harassment is a form of sex discrimination. Codification of the holdings promote alignment with existing legal precedent and clarity for the public, legal practitioners, and judiciary. This clarification also supports the legislative intent of the LAD to serve as a comprehensive civil rights law.

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Britnee Timberlake (D)*, 

Introduced in the Senate, Referred to Senate Labor Committee (on 04/08/2024)

Official Document