New Jersey

Civil Rights Act of 1991 in New Jersey Law

How Civil Rights Act of 1991 applies in New Jersey: state-specific rules, key cases, and bar exam notes for Employment Law.

State Approach

New Jersey aligns closely with the principles established in the Civil Rights Act of 1991, particularly in extending protection against employment discrimination. The state law emphasizes a broad interpretation of discrimination in employment practices.

State Rule
Under New Jersey Law Against Discrimination (NJLAD), it is unlawful for employers to discriminate against employees based on race, creed, color, national origin, sex, marital status, familial status, affectional or sexual orientation, gender identity or expression, and disability.
Significant State Cases

Mihalik v. B. & E. Corp.

The court held that an employee can establish a constructive discharge claim by proving that the working conditions became intolerable due to discriminatory practices.

Friedman v. State of New Jersey

The court determined that bias against an employee based on perceived sexual orientation constitutes unlawful discrimination under NJLAD.

McDonnell Douglas Corp. v. Green

Established a framework for evaluating employment discrimination claims which New Jersey courts apply alongside state-specific protections.

Comparison to Federal Law

New Jersey's approach to employment discrimination is often more expansive than the federal standard under Title VII of the Civil Rights Act. While the federal law protects certain categories of discrimination, New Jersey's NJLAD includes additional protected categories, such as gender identity and sexual orientation.

Bar Exam Note

Understanding the nuances of the NJLAD relative to the federal Civil Rights Act is crucial for the New Jersey bar exam, especially in employment law topics.

Practice Pointers
  • Ensure familiarity with both federal and state employment discrimination laws and their respective protected classes.
  • Examine key cases in New Jersey to understand how courts have interpreted NJLAD in practice.
  • Be prepared to discuss the implications of constructive discharge and other relevant employment law concepts in job-related disputes.

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