New Jersey
How International Union, UAW v. Johnson Controls, Inc. applies in New Jersey: state-specific rules, key cases, and bar exam notes for Employment Discrimination.
New Jersey law, like the federal standard, prohibits gender discrimination in employment practices. However, New Jersey's Law Against Discrimination (LAD) offers broader protections and interpretations compared to federal civil rights laws.
Under the New Jersey Law Against Discrimination (N.J.S.A. 10:5-12), employers are prohibited from discriminating against employees based on gender, including imposing paternalistic safety policies that disproportionately exclude women.
The New Jersey Supreme Court held that a male employee's failure to accommodate the female employee's pregnancy-related needs constituted gender discrimination.
The court ruled that discriminatory policies that limit employment opportunities for women violate the LAD's provisions against gender discrimination.
This case reaffirmed that the LAD prohibits not only direct discrimination but also policies that disproportionately impact one gender.
While the federal standard under Title VII prohibits gender discrimination, New Jersey's LAD expands on these protections by including prohibitions against policies that, while facially neutral, disproportionately affect women. This makes New Jersey's legal framework more comprehensive in addressing workplace discrimination.
Candidates should be aware that New Jersey's expansive approach towards employment discrimination under the LAD is frequently tested on the New Jersey Bar Exam.