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Bill > S2692


NJ S2692

NJ S2692
Clarifies that sexual harassment and sexual assault constitute unlawful discrimination on basis of sex.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

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.

AI Summary

This bill clarifies that unlawful discrimination under the "Law Against Discrimination" (LAD), which is a comprehensive civil rights law, includes sexual harassment and sexual assault when they occur on the basis of a person's sex. This means that actions like unwelcome physical conduct of a sexual nature or sexual touching, which have been recognized as sex discrimination by the U.S. Supreme Court and New Jersey's Supreme Court in past decisions, are now explicitly defined as unlawful discrimination under state law. The bill aims to align with existing legal precedent and provide greater clarity for the public, legal professionals, and the judiciary regarding these forms of discrimination.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Labor Committee (on 01/13/2026)

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