New Jersey Discrimination Law

By Thomas McKinney
Partner

Our clients often ask what areas are covered by New Jersey’s Law Against Discrimination.  It is illegal in New Jersey to treat employees and people differently based on the following protected characteristics: race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), familial status, marital status, domestic partnership status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information, liability for military service, and mental or physical disability, perceived disability, and AIDS and HIV status.

If the discrimination occurs based on a characteristic that is not protected by the Law Against Discrimination, then the discrimination is not illegal.  Employment lawyers like to use the example that you can be fired for being a Yankees fan.  Is this illegal?  No.  It is unfair, but being a Yankee fan is not a protected characteristic under the law.  Therefore, the discrimination against a Yankee fan is not illegal under New Jersey’s Law Against Discrimination.

For more information, read NJ Employment Discrimination: Types of Discrimination and Remedies.

March 6, 2010 – Tom McKinney – Castronovo & McKinney – New Jersey Discrimination Attorneys

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.