State of New Jersey Civil Service Commission

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Civil Service Commission | Laws Prohibiting Employment Discrimination

Governor Chris Christie • Lt.Governor Kim Guadagno

State Laws

NEW JERSEY CIVIL UNION ACT: Effective February 19, 2007, the law provides for the legal recognition of a civil union established by two eligible individuals of the same sex. Parties to a civil union are entitled to the same benefits and protections, and are subject to the same responsibilities as spouses in a legal marriage.

NEW JERSEY LAW AGAINST DISCRIMINATION (LAD): The LAD prohibits unlawful employment discrimination based on an individual's race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), familial status, marital/civil union status, religion, domestic partnership status, affectional or sexual orientation, gender identity and expression, atypical hereditary cellular or blood trait, genetic information, liability for military service, and mental or physical disability (including perceived disability, and AIDS and HIV status).

NEW JERSEY DOMESTIC PARTNERSHIP ACT: This law went into effect on July 10, 2004. It protects same-sex couples who have entered into domestic partnerships and heterosexual couples over the age of 62 under the New Jersey Law Against Discrimination. It also affords those covered with various tax, health, pension and retirement benefits.

NEW JERSEY EQUAL PAY ACT: The NJEPA prohibits employers from discriminating against employees with respect to the rate or method of pay on the basis of the employees' sex.

NEW JERSEY SMOKING LAW: This law provides that employers may not refuse to hire or otherwise discriminate against employees or job applicants because they do or do not smoke, unless the action is related to the requirements of the job.

Federal Laws

Title VII of the Civil Rights Act of 1964: Title VII prohibits employment discrimination based upon an individual’s race, color, sex, religion, or national origin.

Pregnancy Discrimination Act (PDA): The PDA is an amendment to Title VII of the Civil Rights Act of 1964. It prohibits discrimination based upon pregnancy, childbirth, or related medical conditions. The Act applies to employers with 15 or more employees, including state and local governments. This Act requires that women who are pregnant, or affected by related conditions, must be treated in the same manner as other applicants or employees with similar abilities or limitations.

THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 (ADEA): The ADEA prohibits employment discrimination against individuals ages 40 and over.

Equal Pay Act of 1963 (EPA): The EPA protects women and men performing equal work in the same establishment from sex-based wage discrimination (including fringe benefits).

TITLE I AND TITLE V OF THE AMERICANS WITH DISABILITIES ACT (ADA):The ADA prohibits employment discrimination against qualified individuals with disabilities.

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The U.S. Equal Employment Opportunity Commission is responsible for enforcing all of the above federal laws. You can visit their website at www.eeoc.gov.

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