TRENTON, NJ – Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) clarified that the New Jersey Law Against Discrimination (LAD) protects individuals who work remotely for New Jersey-based employers, regardless of their location. The guidance issued by the DCR seeks to provide clarity amid the surge in remote work, reminding that LAD’s safeguards extend to all employees of New Jersey-based companies, irrespective of their residency.
The LAD prohibits discrimination based on various factors like sexual orientation, gender identity, age, race, and disability. Platkin emphasized the unwavering commitment to ensuring all individuals enjoy a discrimination-free work environment irrespective of their work setup or location. The guidelines outlined underscore that New Jersey employers must adhere to anti-discrimination laws even when employees are working remotely from out of state.
Sundeep Iyer, the Director of the Division on Civil Rights, highlighted that New Jersey’s civil rights laws safeguard employees of New Jersey businesses, even if they work outside the state. Employers are reminded to uphold their responsibilities and respect employees’ rights, with continued enforcement against workplace discrimination and bias-based harassment. It was further explained that the LAD protects employees’ right to a discrimination-free work setting, regardless of whether they reside within or outside New Jersey.
The guidance released elucidates that the LAD safeguards workers of New Jersey-based entities regardless of their residence, mode of work, or place of remote work. Conversely, individuals residing in New Jersey but working for out-of-state employers might not fall under the LAD’s jurisdiction, with potential alternative protections from federal laws or other state statutes against discrimination. The Division on Civil Rights is focused on upholding anti-discrimination laws and eradicating bias-related harassment in employment, housing, and public accommodations throughout the state, cementing its commitment to equality.