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Bill > S3800


NJ S3800

NJ S3800
Enhances protections under Law Against Discrimination for persons serving in military and military veterans.


summary

Introduced
10/21/2024
In Committee
01/05/2026
Crossed Over
12/22/2025
Passed
01/20/2026
Dead
Signed/Enacted/Adopted
01/20/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill enhances certain protections under the Law Against Discrimination ("LAD"). Military Service. Currently, the LAD bars discrimination based on "liability for service in the Armed Forces of the United States." The bill broadens this provision to specifically bar discrimination against persons currently serving in the military and military veterans. The bill defines this additional protected class of persons as those in active service in any branch of the Armed Forces of the United States or National Guard, and those who have been discharged or released from active service in any branch of the Armed Forces of the United States or National Guard. Job Protection for Military Service. The bill makes it an unlawful employment practice under the LAD for employers to deny reemployment to employees who take leave for military service. This provision is in compliance with the federal Uniformed Services Employment and Reemployment Rights Act of 1994, 18 U.S.C. s.4301 et seq. Gender-neutral Language. Under the bill, gendered language in the LAD is changed to gender-neutral language. For example, in N.J.S.A.10:5-39, the provision in the LAD that sets out an affirmative action program for veterans, the bill replaces the phrase "soldier, sailor, marine, airman, nurse or army field clerk" with "enlisted person or officer." Unlawful Discrimination. The bill adds the term "unlawful" before "discrimination" throughout the LAD to clarify that the LAD prohibits only unlawful discrimination. The LAD does not apply to discrimination that may be lawful. For example, practices that result in a disproportionately negative impact on members of a protected class constitute unlawful discrimination only if the entity engaging in the practices cannot show that it is using the practices for a substantial, legitimate, nondiscriminatory interest or cannot show that there is a less discriminatory alternative that meets that interest.

AI Summary

This bill enhances certain protections under the Law Against Discrimination (LAD). It broadens the existing provision barring discrimination based on "liability for service in the Armed Forces of the United States" to specifically prohibit discrimination against persons currently serving in the military and military veterans. The bill also makes it an unlawful employment practice for employers to deny reemployment to employees who take leave for military service, in compliance with federal law. Additionally, the bill replaces gendered language in the LAD with gender-neutral language and clarifies that the LAD prohibits only "unlawful" discrimination.

Committee Categories

Justice

Sponsors (15)

Last Action

Approved P.L.2025, c.307. (on 01/20/2026)

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