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Bill > A4248


NJ A4248

NJ A4248
Clarifies that sexual harassment and sexual assault constitute unlawful discrimination on basis of sex.


summary

Introduced
02/19/2026
In Committee
02/19/2026
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 based on sex under the "Law Against Discrimination" (LAD) now explicitly includes sexual harassment and sexual assault, with sexual assault being specifically defined as a form of sex discrimination. This legislative change codifies existing legal precedents, including the U.S. Supreme Court's decision in *Meritor Sav. Bank, FSB v. Vinson*, which established that sexual harassment, including unwelcome physical conduct of a sexual nature, constitutes sex discrimination. It also incorporates rulings from New Jersey's Supreme Court in *Lehmann v. Toys 'R' Us, Inc.* and *C.V. v. Waterford Twp. Bd. of Educ.*, which affirmed that sexual touching is inherently sex-based discrimination and that sexual harassment is a form of sex discrimination, respectively. By codifying these rulings, the bill aims to provide greater clarity and consistency for the public, legal professionals, and the judiciary, reinforcing the LAD's purpose as a comprehensive civil rights law.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 02/19/2026)

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