Herewith the (scanned, so forgive the mistakes, please) text of S.3758, the recently passed and signed bill extending civil rights protection to include the prohibition of discrimination on the basis of affectional or sexual orientation. I have changed the underlining in the original document to using {} around the affected text. If you find mistakes in the scanning, please e-mail me so that I can correct my copy of the scanned document. [FIRST REPRINT] SENATE, No. 3758 STATE OF NEW JERSEY INTRODUCED DECEMBER 9, 1991 By Senators FELDMAN and RICE 1 AN ACT to protect all persons in their civil rights and to prevent 2 and eliminate discrimination based on affectional or sexual 3 orientation, and amending various parts of the statutory law. 4 5 BE IT ENACTED by the Senate and General Assembly of the 6 State of New Jersey: 7 1. Section 3 of P.L.1945, c.169 (C.10:5-3) is amended to read 8 as follows: 9 3. The Legislature finds and declares that practices of 10 discrimination against any of its inhabitants, because of race, 11 creed, color, national origin, ancestry, age, sex, {affectional or 12 sexual orientation,} marital status, liability for service in the 13 Armed Forces of the United States, or nationality, are a matter 14 of concern to the government of the State, and that such 15 discrimination threatens not only the rights and proper 16 privileges of the inhabitants of the State but menaces the 17 institutions and foundation of a free democratic State; provided, 18 however, that nothing in this expression of policy prevents the 19 making of legitimate distinctions between citizens and aliens 20 when required by federal law or otherwise necessary to promote 21 the national interest. 22 The Legislature further declares its opposition to such 23 practices of discrimination when directed against any person by 24 reason of the race, creed, color, national origin, ancestry, age, 25 sex, {affectional or sexual orientation,} marital status, liability 26 for service in the Armed Forces of the United States, or 27 nationality of that person or that person' s spouse, partners, 28 members, stockholders, directors, officers, managers, 29 superintendents, agents, employees, business associates, 30 suppliers, or customers, in order that the economic prosperity 31 and general welfare of the inhabitants of the State may be 32 protected and ensured. 33 The Legislature further finds that because of discrimination, 34 people suffer personal hardships, and the State suffers a 35 grievous harm. The personal hardships include: economic loss; 36 time loss; physical and emotional stress; and in some cases 37 severe emotional trauma, illness, homelessness or other 38 irreparable harm resulting from the strain of employment 39 controversies; relocation, search and moving difficulties; 40 anxiety caused by lack of information, uncertainty, and EXPLANATlON--Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined {thus} is new matter. Matter enclosed in superscript numerals has been adopted as follows: * Senate SJU committee amendments adopted January 9, 1992. S3758 [1R] 2 1 resultant planning difficulty; career. education, family and 2 social disruption; and adjustment problems, which particularly 3 impact on those protected by this act. Such harms have, under 4 the common law, given rise to legal remedies, including 5 compensatory and punitive damages. The Legislature intends 6 that such damages be available to all persons protected by this 7 act and that this act shall be liberally construed in combination 8 with other protections available under the laws of this State. 9 (cf: P.L.1990, C.12, s.l) 10 2. Section 4 of P.L.1945, c.169 (C.10:5-4) is amended to read 11 as follows: 12 4. All persons shall have the opportunity to obtain 13 employment, and to obtain all the accommodations, advantages, 14 facilities, and privileges of any place of public accommodation, 15 publicly assisted housing accommodation, and other real 16 property without discrimination because of race, creed, color, 17 national origin, ancestry, age, marital status{, affectional or 18 sexual orientation} or sex, subject only to conditions and 19 limitations applicable alike to all persons. This opportunity is 20 recognized as and declared to be a civil right. 21 (cf: P.L.1970, c.80, s.9) 22 3. Section 5 of P.L.1945, c.169 (C.10:5-5) is amended to read 23 as follows: 24 5. As used in this act, unless a different meaning clearly 25 appears from the context: 26 a. "Person" includes one or more individuals, partnerships, 27 associations, organizations, labor organizations, corporations, 28 legal representatives, trustees. trustees in bankruptcy, 29 receivers, and fiduciaries. 30 b. "Employment agency" includes any person undertaking to 31 procure employees or opportunities for others to work. 32 c. " Labor organization includes any organization which 33 exists and is constituted for the purpose, in whole or in part, of 34 collective bargaining, or of dealing with employers concerning 35 grievances, terms or conditions of employment, or of other 36 mutual aid or protection in connection with employment. 37 d. "Unlawful employment practice" and "unlawful 38 discrimination" includes only those unlawful practices and acts 39 specified in section 11 of this act. 40 e. "Employer" includes all persons as defined in subsection a. 41 of this section unless otherwise specifically exempt under 42 another section of this act, and includes the State, any political 43 or civil subdivision thereof, and all public officers, agencies, 44 boards or bodies. 45 f. "Employee" does not include any individual employed by 46 his parents, spouse or child, or in the domestic service of any 47 person. 48 g. "Liability for service in the Armed Forces of the United 49 States' means subject to being ordered as an individual or S3758 [1R] 3 1 member of an organized unit into active service in the Armed 2 Forces of the United States by reason of membership in the 3 National Guard, naval militia or a reserve component of the 4 Armed Forces of the United States, or subject to being inducted 5 into such armed forces through a system of national selective 6 service. 7 h. "Division" means the "Division on Civil Rights " created 8 by this act. 9 i. "Attorney General" means the, Attorney General of the 10 State of New Jersey or his representative or designee. 11 j. "Commission" means the Commission on Civil Rights 12 created by this act. 13 k. "Director" means the Director of the Division on Civil 14 Rights. 15 l. "A place of public accommodation" shall include, but not 16 be limited to: any tavern, roadhouse. hotel, motel, trailer camp, 17 summer camp, day camp, or resort camp, whether for 18 entertainment of transient guests or accommodation of those 19 seeking health, recreation or rest; any producer, manufacturer, 20 wholesaler, distributor, retail shop. store, establishment, or 21 concession dealing with goods or services of any kind; any 22 restaurant, eating house, or place where food is sold for 23 consumption on the premises; any place maintained for the sale 24 of ice cream, ice and fruit preparations or their derivatives, 25 soda water or confections. or where any beverages of any kind 26 or retailed for consumption on the premises; any garage, any 27 public conveyance operated on land or water, or in the air, any 28 stations and terminals thereof; any bathhouse, boardwalk, or 29 seashore accommodation; any auditorium, meeting place, or 30 hall; any theatre, motion-picture house, music hall, roof garden, 31 skating rink, swimming pool. amusement and recreation park, 32 fair, bowling alley, gymnasium. shooting gallery, billiard and 33 pool parlor, or other place of amusement; any comfort station; 34 any dispensary, clinic or hospital; any public library; any 35 kindergarten, primary and secondary school, trade or business 36 school, high school. academy. college and university, or any 37 educational institution under the supervision of the State Board 38 of Education, or the Commissioner of Education of the State of 39 New Jersey. Nothing herein contained shall be construed to 40 include or to apply to any institution, bona fide club, or place of 41 accommodation, which is in its nature distinctly private; nor 42 shall anything herein contained apply to any educational facility 43 operated or maintained by a bona fide religious or sectarian 44 institution, and the right of a natural parent or one in loco 45 parentis to direct the education and upbringing of a child under 46 his control is hereby affirmed; nor shall anything herein 47 contained be construed to bar any private secondary or 48 postsecondary school from using in good faith criteria other than 49 race, creed, color, national origin [or], ancestry[,] {or affectional S3758 [1R] 4 1 or sexual orientation,} in the admission of students. 2 m. "A publicly assisted housing accommodation" shall include 3 all housing built with public funds or public assistance pursuant 4 to P.L.1949, c.300, P.L.1941, C.213. P.L.1944, c.169, P.L.1949, 5 c.303, P.L.1938, c.19, P.L.1938, c.20, P.L.1946, c.52, and 6 P.L.1949, c.184, and all housing financed in whole or in part by a 7 loan, whether or not secured by a mortgage, the repayment of 8 which is guaranteed or insured by the federal government or any 9 agency thereof. 10 n. The term "real property" includes real estate, lands, 11 tenements and hereditaments, corporeal, and incorporeal, and 12 leaseholds, provided, however, that, except as to publicly 13 assisted housing accommodations, the provisions of this act shall 14 not apply to the rental: (l) of a single apartment or flat in a 15 two-family dwelling, the other occupancy unit of which is 16 occupied by the owner as his residence or the household of his 17 family at the time of such rental; or (2) of a room or rooms to 18 another person or persons by the owner or occupant of a 19 one-family dwelling occupied by him as his residence or the 20 household of his family at the time of such rental. Nothing 21 herein contained shall be construed to bar any religious or 22 denominational institution or organization, or any organization 23 operated for charitable or educational purposes, which is 24 operated, supervised or controlled by or in connection with a 25 religious organization, in the sale, lease or rental of real 26 property, from limiting admission to or giving preference to 27 persons of the same religion or denomination or from making 28 such selection as is calculated by such organization to promote 29 the religious principles for which it is established or maintained. 30 o. "Real estate broker" includes a person, firm or corporation 31 who, for a fee, commission or other valuable consideration, or 32 by reason of promise or reasonable expectation thereof, lists for 33 sale, sells, exchanges, buys or rents, or offers or attempts to 34 negotiate a sale, exchange. purchase. or rental of real estate or 35 an interest therein, or collects or offers or attempts to collect 36 rent for the use of real estate, or solicits for prospective 37 purchasers or assists or directs in the procuring of prospects or 38 the negotiation or closing of any transaction which does or is 39 contemplated to result in the sale, exchange, leasing, renting or 40 auctioning of any real estate, or negotiates, or offers or 41 attempts or agrees to negotiate a loan secured or to be secured 42 by mortgage or other encumbrance up on or transfer of any real 43 estate for others; or any person who, for pecuniary gain or 44 expectation of pecuniary gain conducts a public or private 45 competitive sale of lands or any interest in lands. In the sale of 46 lots, the term "real estate broker' shall also include any person, 47 partnership, association or corporation employed by or on behalf 48 of the owner or owners of lots or other parcels of real estate, at 49 a stated salary, or upon a commission or upon a salary and S3758 [1R] 5 1 commission or otherwise, to sell such real estate, or any parts 2 thereof, in lots or other parcels, and who shall sell or exchange, 3 or offer or attempt or agree to negotiate the sale or exchange, 4 of any such lot or parcel of real estate. 5 p. "Real estate salesman ' includes any person who, for 6 compensation, valuable consideration or commission, or other 7 thing of value, or by reason of a promise or reasonable 8 expectation thereof, is employed by and operates under the 9 supervision of a licensed real estate broker to sell or offer to 10 sell, buy or offer to buy or negotiate the purchase, sale or 11 exchange of real estate, or offers or attempts to negotiate a 12 loan secured or to be secured by a mortgage or other 13 encumbrance upon or transfer of real estate, or to lease or rent, 14 or offer to lease or rent any real estate for others, or to collect 15 rents for the use of real estate, or to solicit for prospective 16 purchasers or lessees of real estate, or who is employed by a 17 licensed real estate broker to sell or offer to sell lots or other 18 parcels of real estate, at a stated salary, or upon a commission, 19 or upon a salary and commission, or otherwise to sell real 20 estate, or any parts thereof, in lots or other parcels. 21 q. "Handicapped" means suffering from physical disability. 22 infirmity, malformation or disfigurement which is caused by 23 bodily injury, birth defect or illness including epilepsy, and 24 which shall include, but not be limited to, any degree of 25 paralysis. amputation, lack of physical coordination. blindness or 26 visual impediment, deafness or hearing impediment, muteness or 27 speech impediment or physical reliance on a service or guide 28 dog, wheelchair, or other remedial appliance or device, or from 29 any mental, psychological or developmental disability resulting 30 from anatomical. psychological. physiological or neurological 31 conditions which prevents the normal exercise of any bodily or 32 mental functions or is demonstrable, medically or 33 psychologically, by accepted clinical or laboratory diagnostic 34 techniques. 35 r. "Blind person" means any individual whose central visual 36 acuity does not exceed 20/200 in the better eye with correcting 37 lens or whose visual acuity is better than 20/200 if accompanied 38 by a limit to the field of vision in the better eye to such a 39 degree that its widest diameter subtends an angle of no greater 40 than 20 degrees. 41 s. "Guide dog" means a dog used to assist deaf persons or 42 which fitted with a special harness so as to be suitable as an aid 43 to the mobility of a blind person. and is used by a blind person 44 who has satisfactorily completed a specific course of training in 45 the use of such a dog, and has been trained by an organization 46 generally recognized by agencies involved in the rehabilitation 47 of the blind or deaf as reputable and competent to provide dogs 48 with training of this type. 49 t. "Guide or service dog trainer means any person who is S3758 [1R] 6 1 employed by an organization generally recognized by agencies 2 involved in the rehabilitation of the blind, handicapped or deaf 3 as reputable and competent to provide dogs with training, and 4 who is actually involved in the training process. 5 u. "Housing accommodation" means any publicly assisted 6 housing accommodation or any real property, or portion thereof, 7 which is used or occupied, or is intended, arranged. or designed 8 to be used or occupied, as the home, residence or sleeping place 9 of one or more persons, but shall not include any single family 0 residence the occupants of which rent, lease, or furnish for 11 compensation not more than one room therein. 12 v. "Public facility" means any place of public accommodation 13 and any street, highway, sidewalk, walkway, public building, and 14 any other place or structure to which the general public is 15 regularly, normally or customarily permitted or invited. 16 w. "Deaf person" means any person whose hearing is so 17 severally impaired that he is unable to hear and understand 18 normal conversation speech through the unaided ear alone. and 19 who must depend primarily on supportive device or visual 20 communication such as writing, lip reading, sign language, and 21 gestures. 22 x. "Atypical hereditary cellular or blood trait" means sickle 23 cell trait, hemoglobin C trait, thalassemia trait, Tay-Sachs 24 trait, or cystic fibrosis trait . 25 y. "Sickle cell trait" means the condition wherein the major 26 natural hemoglobin components present in the blood of the 27 individual are hemoglobin A (normal) and hemoglobin S (sickle 28 hemoglobin) as defined by standard chemical and physical 29 analytic techniques, including electrophoresis; and the 30 proportion of hemoglobin A is greater than the proportion of 31 hemoglobin S or one natural parent of the individual is shown to 32 have only normal hemoglobin components (hemoglobin A, 33 hemoglobin A2, hemoglobin F) in the normal proportions by 34 standard chemical and physical analytic tests. 35 z. "Hemoglobin C trait" means the condition wherein the 36 major natural hemoglobin components present in the blood of 37 the individual are hemoglobin A (normal) and hemoglobin C as 38 defined by standard chemical and physical analytic techniques, 39 including electrophoresis; and the proportion of hemoglobin A is 40 greater than the proportion of hemoglobin C or one natural 41 parent of the individual is shown to have only normal hemoglobin 42 components (hemoglobin A, hemoglobin A2, hemoglobin F) in 43 normal proportions by standard chemical and physical analytic 44 tests. 45 aa. "Thalassemia trait' means the presence of the 46 thalassemia gene which in combination with another similar 47 gene results in the chronic hereditary disease Cooley's anemia. 48 bb. "Tay-Sachs trait" means the presence of the Tay-Sachs 49 gene which in combination with another similar gene results in S3758 [1R] 7 1 the chronic hereditary disease Tay-Sachs. 2 cc. "Cystic fibrosis trait" mans the presence of the cystic 3 fibrosis gene which in combination with another similar gene 4 results in the chronic hereditary disease, cystic fibrosis. s dd. "Service dog" means any dog individually trained to a 6 handicapped person's requirements including, but not limited to, 7 minimal protection work, rescue work, pulling a wheelchair or 8 retrieving dropped items. 9 ee. "Qualified Medicaid applicant" means an individual who is 10 a qualified applicant pursuant to P.L.1968, c.413 (C. 30:4D-l et 11 seq.). 12 {ff. "Affectional or sexual orientation" means male or female 13 heterosexuality, homosexuality or bisexuality by inclination, 14 practice, identity or expression, having a history thereof or 15 being perceived. presumed or identified by others as having such 16 an orientation.} 17 {gg. "Heterosexuality" means affectional, emotional or 18 physical attraction or behavior which is primarily directed 19 towards persons of the other gender.} 20 {hh. " Homosexuality" means affectional, emotional or 21 physical attraction or behavior which is primarily directed 22 towards persons of the same gender.} 23 {ii. "Bisexuality" means affectional. emotional or physical 24 attraction or behavior which is directed towards persons of 25 either gender.} 26 (cf: P.L. 1986, c.8, s.l) 27 4. Section 6 of P.L.1945, c.169 (C.10:5-6) is amended to read 28 as follows: 29 6. There is created in the Department of Law and Public 30 Safety a division known as "The Division on Civil Rights" with 31 power to prevent and eliminate discrimination in the manner 32 prohibited by this act against persons of race, creed, color, 33 national origin, ancestry, age. marital status{, affectional or 34 sexual orientation} or sex or because of their liability for service 35 in the Armed Forces of the United States, by employers, labor 36 organizations, employment agencies or other persons and to take 37 other actions against discrimination because of race, creed, 38 color, national origin, ancestry or age because of their liability 39 for service in the Armed Forces of the United States, as herein 40 provided; and the division created hereunder is given general 41 jurisdiction and authority for such purposes. 42 (cf: P.L.1970, c.80, S.10) 43 5. Section 8 of P.L.1945, c.169 (C.10:5-8) is amended to read 44 as follows: 45 8. The Attorney General shall: 46 a. Exercise all powers of the division not vested in the 47 commission. 48 b. Administer the work of the division. 49 c. Organize the division into sec t ions. which shall include but S3758 [1R] 8 1 not be limited to a section which shall receive, investigate, and 2 act upon complaints alleging discrimination against persons 3 because of race, creed, color. national origin, ancestry, age, 4 marital status{, affectional or sexual orientation} or sex or 5 because of their liability for service in the Armed Forces of the 6 United States; and another which shall. in order to eliminate 7 prejudice and to further good will among the various racial, 8 [and], religious [and]. nationality {and other} groups in this State, 9 study, recommend, prepare and implement, in cooperation with 10 such other departments of the State Government or any other 11 agencies, groups or entity both public and private, such 12 educational and human relations programs as are consonant with 13 the objectives of this act; and prescribe the organization of said 14 sections and the duties of his subordinates and assistants. 15 d. Appoint a Director of the Division on Civil Rights, who 16 shall act for the Attorney General. in his place and with his 17 powers, which appointment shall be subject to the approval of 18 the commission and the Governor. a deputy director and such 19 assistant directors, field representatives and assistants as may 20 be necessary for proper administration of the division and fix 21 their compensation within the limits of available 22 appropriations. The director. deputy director, assistant 23 directors. field representatives and assistants shall not be 24 subject to the Civil Service Act and shall be removable by the 25 Attorney General at will. 26 e. Appoint such clerical force and employees as he may deem 27 necessary and fix their duties. all of whom shall be subject to 28 the Civil Service Act. 29 f. Maintain liaison with local and State officials and agencies 30 concerned with matters related to the work of the division. 31 g. Adopt, promulgate, amend. and rescind, suitable rules and 32 regulations to carry out the provisions of this act. 33 h. Conduct investigations. receive complaints and conduct 34 hearings thereon other than those complaints received and 35 hearings held pursuant to the provisions of this act. 36 i. In connection with any investigation or hearing held 37 pursuant to the provisions of this act, subpoena witnesses, 38 compel their attendance. administer oaths. take the testimony 39 of any person, under oath, and. in connection therewith, require 40 the production for examination of any books or papers relating 41 to any subject matter under investigation or in question by the 42 division and conduct such discovery procedures which may 43 include the taking of interrogatories and oral depositions as shall 44 be deemed necessary by the Attorney General in any 45 investigation. The Attorney General may make rules as to the 46 issuance of subpoenas by the director. The failure of any 47 witness when duly subpoenaed to attend, give testimony, or 48 produce evidence shall be punishable by the Superior Court of 49 New Jersey in the same manner as such failure is punishable by S3758 [1R] 9 1 such court in a case therein pending. 2 j. Issue such publications and such results of investigations 3 and research tending to promote good will and to minimize or 4 eliminate discrimination because of race, creed, color, national 5 origin. ancestry, age, marital status{, affectional or sexual 6 orientation} or sex, as the commission shall direct, subject to 7 available appropriations. 8 k. Render each year to the Governor and Legislature a full 9 written report of all the activities of the division. 10 1. Appoint, subject to the approval of the commission, a panel 11 of not more than five hearing examiners, each of whom shall be 12 duly licensed to practice law in this State for a period of at 13 least five years, and each to serve for a term of one year and 14 until his successor is appointed, any one of whom the director 15 may designate in his place to conduct any hearing and 16 recommend findings of fact and conclusions of law. The hearing 17 examiners shall receive such compensation as may be 18 determined by the Attorney General, subject to available 19 appropriations. 20 (cf: P.L.1970, c.80, s.11) 21 6. Section 1 of P.L.1954, c.198 (C.10:5-9.1) is amended to 22 read as follows: 23 1. The Division on Civil Rights in the Department of Law and 24 Public Safety shall enforce the laws of this State against 25 discrimination in housing built with public funds or public 26 assistance, pursuant to any law, and in real property, as defined 27 in the law hereby supplemented, because of race, religious 28 principles, color, national origin, ancestry, marital status{, 29 affectional or sexual orientation} or sex. The said laws shall be 30 so enforced in the manner prescribed in the act to which this act 31 is a supplement. 32 (cf: P.L.1970, c.80, s.12) 33 7. Section 9 of P.L.1945, c.169 (C.10:5-10) is amended to 34 read as follows: 35 9. The commission shall: 36 a. Consult with and advise the Attorney General with respect 37 to the work of the division. 38 b. Survey and study the operations of the division. 39 c. Report to the Governor and the Legislature with respect to 40 such matters relating to the work of the division and at such 41 times as it may deem in the public interest. 42 The mayors or chief executive officers of the municipalities 43 in the State may appoint local commissions on civil rights to aid 44 in effectuating the purposes of this act. Such local commissions 45 shall be composed of representative citizens serving without 46 compensation. Such commissions shall attempt to foster 47 through community effort or otherwise, good will, cooperation 48 and conciliation among the groups and elements of the 49 inhabitants of the community. and they may be empowered by S3758 [1R] 10 1 the local governing bodies to make recommendations to them 2 for the development of policies and procedures in general and 3 for programs of formal and informal education that will aid in 4 eliminating all types of discrimination based on race, creed, 5 color, national origin, ancestry, age, marital status{, affectional 6 or sexual orientation} or sex. 7 (cf: P.L.1970, c.80, s.13) 8 8. Section 11 of P.L.1945, c.169 (C.10:5-12) is amended to 9 read as follows: 10 11. It shall be unlawful employment practice, or, as the case 11 may be, an unlawful discrimination: 12 a. For an employer, because of the race, creed. color, 13 national origin, ancestry, age, marital status, {affectional or 14 sexual orientation,} sex or atypical hereditary cellular or blood 15 trait of any individual. or because of the liability for service in 16 the Armed Forces of the United States or the nationality of any 17 individual, to refuse to hire or employ or to bar or to discharge 18 or require to retire, unless justified by lawful considerations 19 other than age, from employment such individual or to 20 discriminate against such individual in compensation or in terms, 21 conditions or privileges of employment; provided, however, it 22 shall not be an unlawful employment practice to refuse to 23 accept for employment an applicant who has received a notice 24 of induction or orders to report for active duty in the armed 25 forces; provided further that nothing herein contained shall be 26 construed to bar an employer from refusing to accept for 27 employment any person on the basis of sex in those certain 28 circumstances where sex is a bona fide occupational 29 qualification, reasonably necessary to the normal operation of 30 the particular business or enterprise; provided further that 31 nothing herein contained shall be construed to bar an employer 32 from refusing to accept for employment or to promote any 33 person over 70 years of age; provided further that it shall not be 34 an unlawful employment practice for a club exclusively social or 35 fraternal to use club membership as a uniform qualification for 36 employment, or for a religious association or organization to 37 utilize religious affiliation as a uniform qualification in the 38 employment of clergy, religious teachers or other employees 39 engaged in the religious activities of the association or 40 organization, or in following the tenets of its religion in 41 establishing and utilizing criteria for employment of an 42 employee; provided further that it shall not be an unlawful 43 employment practice to require the retirement of any employee 44 who, for the two-year period immediately before retirement, is 45 employed in a bona fide executive or a high policy-making 46 position, if that employee is entitled to an immediate, 47 non-forfeitable annual retirement benefit from a pension, profit 48 sharing, savings or deferred retirement plan, or any combination 49 of those plans, of the employer of that employee which equals in S3758 [1R] 11 1 the aggregate at least $27,000.00; and provided further that an 2 employer may restrict employment to citizens of the United 3 States where such restriction is required by federal law or is 4 otherwise necessary to protect the national interest. 5 For the purposes of this subsection, a "bona fide executive" is 6 a top level employee who exercises substantial executive 7 authority over a significant number of employees and a large 8 volume of business. A "high policy-making position" is a 9 position in which a person plays a significant role in developing 10 policy and in recommending the implementation thereof. 11 b. For a labor organization, because of the race, creed, color, 12 national origin, ancestry, age, marital status{, affectional or 13 sexual orientation} or sex of any individual. or because of the 14 liability for service in the Armed Forces of the United States or 15 nationality of any individual, to exclude or to expel from its 16 membership such individual or to discriminate in any way 17 against any of its members, against any applicant for, or 18 individual included in, any apprentice or other training program 19 or against any employer or any individual employed by an 20 employer; provided, however, that nothing herein contained shall 21 be construed to bar a labor organization from excluding from its 22 apprentice or other training programs any person on the basis of 23 sex in those certain circumstances where sex is a bona fide 24 occupational qualification reasonably necessary to the normal 25 operation of the particular apprentice or other training program. 26 c. For any employer or employment agency to print or 27 circulate or cause to be printed or circulated any statement, 28 advertisement or publication, or to use any form of application 29 for employment, or to make an inquiry in connection with 30 prospective employment, which expresses, directly or indirectly. 31 any limitation, specification or discrimination as to race, creed, 32 color. national origin, ancestry, age. marital status{, affectional 33 or sexual orientation} or sex or liability of any applicant for 34 employment for service in the Armed Forces of the United 35 States, or any intent to make any such limitation, specification 36 or discrimination, unless based upon a bona fide occupational 37 qualification. 38 d. For any person to take reprisals against any person because 39 he has opposed any practices or acts forbidden under this act or 40 because he has filed a complaint, testified or assisted in any 41 proceeding under this act. 42 e. For any person, whether an employer or an employee or 43 not, to aid, abet, incite. compel or coerce the doing of any of 44 the acts forbidden under this act, or to attempt to do so. 45 f. For any owner. lessee. proprietor, manager, 46 superintendent, agent, or employee of any place of public 47 accommodation directly or indirectly to refuse, withhold from 48 or deny to any person any of the accommodations, advantages, 49 facilities or privileges thereof. or to discriminate against any S3758 [1R] 12 1 person in the furnishing thereof, or directly or indirectly to 2 publish, circulate, issue, display, post or mail any written or 3 printed communication, notice, or advertisement to the effect 4 that any of the accommodations, advantages, facilities, or 5 privileges of any such place will be refused, withheld from, or 6 denied to any person on account of the race, creed, color, 7 national origin, ancestry, marital status, sex{, affectional or 8 sexual orientation} or nationality of such person, or that the 9 patronage or custom thereat of any person of any particular 10 race, creed, color, national origin, ancestry, marital status, sex{, 11 affectional or sexual orientation} or nationality is unwelcome, 12 objectionable or not acceptable, desired or solicited, and the 13 production of any such written or printed communication, notice 14 or advertisement, purporting to relate to any such place and to 15 be made by any owner, lessee, proprietor, superintendent or 16 manager thereof, shall be presumptive evidence in any action 17 that the same was authorized by such person; provided, however, 18 that nothing contained herein shall be construed to bar any place 19 of public accommodation which is in its nature reasonably 20 restricted exclusively to individuals of one sex, and which shall 21 include but not be limited to any summer camp, day camp, or 22 resort camp, bathhouse, dressing room, swimming pool, 23 gymnasium, comfort station, dispensary, clinic or hospital, or 24 school or educational institution which is restricted exclusively 25 to individuals of one sex. from refusing, withholding from or 26 denying to any individual of the opposite sex any of the 27 accommodations, advantages, facilities or privileges thereof on 28 the basis of sex; provided further that the foregoing limitation 29 shall not apply to any restaurant as defined in R.S. 33:1-1 or 30 place where alcoholic beverages are served. 31 g. For the owner, lessee, sublessee, assignee or managing 32 agent of, or other person having the right of ownership or 33 possession of or the right to sell, rent, lease, assign, or sublease 34 any real property or part or portion thereof, or any agent or 35 employee of any of these: 36 (1) To refuse to sell, rent, lease, assign, or sublease or 37 otherwise to deny to or withhold from any person or group of 38 persons any real property or part or portion thereof because of 39 the race, creed, color, national origin, ancestry, marital status, 40 sex{, affectional or sexual orientation} or nationality of such 41 person or group of persons; 42 (2) To discriminate against any person or group of persons 43 because of the race, creed, color, national origin, marital status 44 [or], sex {or affectional or sexual orientation} of such person or 45 group of persons in the terms. conditions or privileges of the 46 sale, rental or lease of any real property or part or portion 47 thereof or in the furnishing of facilities or services in 48 connection therewith; or 49 (3) To print, publish, circulate. issue. display, post or mail, or S3758 [1R] 13 1 cause to be printed, published, circulated, issued, displayed, 2 posted or mailed any statement, advertisement, publication or 3 sign. or to use any form of application for the purchase, rental, 4 lease, assignment or sublease of any real property or part or 5 portion thereof, or to make any record or inquiry in connection 6 with the prospective purchase, rental, lease, assignment, or 7 sublease of any real property, or part or portion thereof which 8 expresses, directly or indirectly, any limitation, specification or 9 discrimination as to race, creed. color. national origin, ancestry, 10 marital status, sex{, affectional or sexual orientation} or 11 nationality or any intent to make any such limitation, 12 specification or discrimination, and the production of any such 13 statement, advertisement, publicity. sign, form of application, 14 record, or inquiry purporting to be made by any such person shall 15 be presumptive evidence in any action that the same was 16 authorized by such person; provided, however, that nothing 17 contained in this subsection shall be construed to bar any person 18 from refusing to sell, rent, lease. assign or sublease or from 19 advertising or recording a qualification as to sex for any room, 20 apartment, flat in a dwelling or residential facility which is 21 planned exclusively for and occupied exclusively by individuals 22 of one sex to any individual of the opposite sex on the basis of 23 sex. 24 h. For any real estate broker. real estate salesman or 25 employee or agent thereof: 26 (1) To refuse to sell, rent, assign, lease or sublease, or offer 27 for sale. rental, lease, assignment. or sublease any real property 28 or part or portion thereof to any person or group of persons or to 29 refuse to negotiate for the sale. rental, lease, assignment. or 30 sublease of any real property or part or portion thereof to any 31 person or group of persons because of the race, creed, color, 32 national origin, ancestry, marital status, sex{, affectional or 33 sexual orientation} or nationality of such person or group of 34 persons, or to represent that any real property or portion 35 thereof is not available for inspection, sale, rental, lease, 36 assignment, or sublease when in fact it is so available, or 37 otherwise to deny or withhold any real property or any part or 38 portion of facilities thereof to or from any person or group of 39 persons because of the race, creed, color, national origin, 40 ancestry, marital status, sex{, affectional or sexual orientation} 41 or nationality of such person or group of persons; 42 (2) To discriminate against any person because of his race, 43 creed, color, national origin. ancestry. marital status [or]{,} sex {or 44 affectional or sexual orientation} in the terms, conditions or 45 privileges of the sale, rental. lease. assignment or sublease of 46 any real property or part or portion thereof or in the furnishing 47 of facilities or services in connection therewith; or 48 (3) To print, publish, circulate, issue, display, post, or mail, or 49 cause to be printed, published, circulated, issued, displayed, S3758 [1R] 14 1 posted or mailed any statement, advertisement, publication or 2 sign, or to use any form of application for the purchase, rental, 3 lease, assignment. or sublease of any real property or part or 4 portion thereof or to make any record or inquiry in connection 5 with the prospective purchase, rental. lease, assignment, or 6 sublease of any real property or part or portion thereof which 7 expresses, directly or indirectly, any limitation, specification or 8 discrimination as to race, creed. color, national origin, ancestry. 9 marital status, sex{, affectional or sexual orientation} or 10 nationality or any intent to make any such limitation, 11 specification or discrimination, and the production of any such 12 statement, advertisement. publicity, sign, form of application. 13 record, or inquiry purporting to be made by any such person shall 14 be presumptive evidence in any action that the same was 15 authorized by such person; provided, however, that nothing 16 contained in this subsection h. shall be construed to bar any 17 person from refusing to sell, rent, lease, assign or sublease or 18 from advertising or recording a qualification as to sex for any 19 room, apartment, flat in a dwelling or residential facility which 20 is planned exclusively for and occupied exclusively by individuals 21 of one sex to any individual of the opposite sex on the basis of 22 sex. 23 i. For any person, bank, banking organization, mortgage 24 company, insurance company or other financial institution, 25 lender or credit institution to whom application is made for any 26 loan or extension of credit including but not limited to an 27 application for financial assistance for the purchase, acquisition. 28 construction, rehabilitation, repair or maintenance of any real 29 property or part or portion thereof or any agent or employee 30 thereof: 31 (1) To discriminate against any person or group of persons 32 because of the race, creed, color, national origin, ancestry. 33 marital status, sex{, affectional or sexual orientation} or 34 nationality of such person or group of persons or of the 35 prospective occupants or tenants of such real property or part or 36 portion thereof, in the granting, withholding, extending, 37 modifying or renewing, or in the fixing of the rates, terms, 38 conditions or provisions of any such loan, extension of credit or 39 financial assistance or in the extension of services in connection 40 therewith; or 41 (2) To use any form of application for such loan, extension of 42 credit or financial assistance or to make record or inquiry in 43 connection with applications for any such loan, extension of 44 credit or financial assistance which expresses, directly or 45 indirectly, any limitation, specification or discrimination as to 46 race, creed. color, national origin, ancestry, marital status, sex{, 47 affectional or sexual orientation} or nationality or intent to make 48 any such limitation, specification or discrimination; unless 49 otherwise required by law or regulation to retain or use such S3758 [1R] 15 1 information. 2 j. For any person whose activities are included within the 3 scope of this act to refuse to post or display such notices 4 concerning the rights or responsibilities of persons affected by 5 this act as the Attorney General may by regulation require. 6 k. For any real estate broker, real estate salesman or 7 employee or agent thereof or any other individual, corporation, 8 partnership, or organization, for the purpose of inducing a 9 transaction for the sale or rental of real property from which 10 transaction such person or any of its members may benefit 11 financially, to represent that a change has occurred or will or 12 may occur in the composition with respect to race, creed, color, 13 national origin, ancestry, marital status, sex{, affectional or 14 sexual orientation} or nationality of the owners or occupants in 15 the block, neighborhood or area in which the real property is 16 located, and to represent, directly or indirectly, that this change 17 will or may result in undesirable consequences in the block, 18 neighborhood or area in which the real property is located, 19 including, but not limited to the lowering of property values, an 20 increase in criminal or antisocial behavior, or a decline in the 21 quality of schools or other facilities. 22 1. For any person to refuse to buy from, sell to, lease from or 23 to, license, contract with, or trade with, provide goods, services 24 or information to, or otherwise do business with any other 25 person on the basis of the race, creed, color. national origin, 26 ancestry, age, sex, {affectional or sexual orientation,} marital 27 status, liability for service in the Armed Forces of the United 28 States, or nationality of such other person or of such other 29 person's spouse, partners, members, stockholders, directors, 30 officers, managers, superintendents. agents, employees, business 31 associates, suppliers, or customers. This subsection shall not 32 prohibit refusals or other actions (l) pertaining to 33 employee-employer collective bargaining, labor disputes, or 34 unfair labor practices, or (2) made or taken in connection with a 35 protest of unlawful discrimination or unlawful employment 36 practices. 37 m. For any person to: 38 (1) Grant or accept any letter of credit or other document 39 which evidences the transfer of funds or credit, or enter into 40 any contract for the exchange of goods or services, where the 41 letter of credit. contract, or other document contains any 42 provisions requiring any person to discriminate against or to 43 certify that he, she or it has not dealt with any other person on 44 the basis of the race, creed, color, national origin, ancestry, 45 age, sex, {affectional or sexual orientation,} marital status, 46 liability for service in the Armed Forces of the United States, or 47 nationality of such other person or of such other person' s 48 spouse, partners, members. stockholders, directors, officers, 49 managers, superintendents. agents. employees, business S3758 [1R] 16 1 associates, suppliers. or customers. 2 (2) Refuse to grant or accept any letter of credit or other 3 document which evidences the transfer of funds or credit. or 4 refuse to enter into any contract for the exchange of goods or 5 services, on the ground that it does not contain such a 6 discriminatory provision or certification. 7 The provisions of this subsection shall not apply to any letter 8 of credit, contract, or other document which contains any 9 provision pertaining to employee-employer collective 10 bargaining, a labor dispute or an unfair labor practice, or made 11 in connection with the protest of unlawful discrimination or an 12 unlawful employment practice, if the other provisions of such 13 letter of credit, contract, or other document do not otherwise 14 violate the provisions of this subsection. 15 n. For any person to aid, abet, incite, compel, coerce, or 16 induce the doing of any act forbidden by subsections [111 1. and 17 m. of [this act] {of section 11 of P.L.1945, c. 169 (C.10:5-12)}, or 18 to attempt, or to conspire to do so. Such prohibited conduct 19 shall include, but not be limited to: 20 (1) Buying from, selling to, leasing from or to, licensing, 21 contracting with, trading with, providing goods, services, or 22 information to, or otherwise doing business with any person 23 because that person does, or agrees or attempts to do, any such 24 act or any act prohibited by this subsection n.; or 25 (2) Boycotting, commercially blacklisting or refusing to buy 26 from, sell to, lease from or to, license, contract with, provide 27 goods. services or information to. or otherwise do business with 28 any person because that person has not done or refuses to do any 29 such act or any act prohibited by this subsection n.; provided 30 that this subsection n. shall not prohibit refusals or other actions 31 either pertaining to employee-employer collective bargaining, 32 labor disputes, or unfair labor practices, or made or taken in 33 connection with a protest of unlawful discrimination or unlawful 34 employment practices. 35 (cf: P.L.1985, c.73, s.3) 36 9. Section 26 of P.L.1945, c.169 (C.10:5-27) is amended to 37 read as follows: 38 26. The provisions of this act shall be construed fairly and 39 justly with due regard to the interests of all parties. Nothing 40 contained in this act shall be deemed to repeal any of the 41 provisions of the Civil Rights Law or of any other law of this 42 State relating to discrimination because of race, creed, color, 43 national origin, ancestry. marital status{, affectional or sexual 44 orientation} or sex or liability for service in the Armed Forces of 45 the United States; except that, as to practices and acts declared 46 unlawful by section 11 of this act. the procedure herein provided 47 shall, while pending, be exclusive; and the final determination 48 therein shall exclude any other action. civil or criminal, based 49 on the same grievance of the individual concerned. Nothing S3758 [1R] 17 1 herein contained shall bar, exclude or otherwise affect any right 2 or action, civil or criminal, which may exist independently of 3 any right to redress against or specific relief from any unlawful 4 employment practice or unlawful discrimination. {With respect s only to affectional or sexual orientation, nothing contained 6 herein shall be construed to require the imposition of 7 affirmative action, plans or quotas as specific relief from an 8 unlawful employment practice or unlawful discrimination.} 9 (cf: P.L.1970, c.80, s.15) 10 10. R.S.10:2-1 is amended to read as follows: 11 10:2-1. Every contract for or on behalf of the State or any 12 county or municipality or other political subdivision of the 13 State, or any agency of or authority created by any of the 14 foregoing, for the construction, alteration or repair of any 15 public building or public work or for the acquisition of materials, 16 equipment, supplies or services shall contain provisions by which 17 the contractor agrees that: 18 a. In the hiring of persons for the performance of work under 19 this contract or any subcontract hereunder, or for the 20 procurement, manufacture, assembling or furnishing of any such 21 materials, equipment, supplies or services to be acquired under 22 this contract, no contractor, nor any person acting on behalf of 23 such contractor or subcontractor, shall, by reason of race, 24 creed, color, national origin, ancestry, marital status, 25 {affectional or sexual orientation} or sex, discriminate against any 26 person who is qualified and available to perform the work to 27 which the employment relates; 28 b. No contractor, subcontractor, nor any person on his behalf 29 shall, in any manner, discriminate against or intimidate any 30 employee engaged in the performance of work under this 31 contract or any subcontract hereunder, or engaged in the 32 procurement, manufacture, assembling or furnishing of any such 33 materials, equipment, supplies or services to be acquired under 34 such contract, on account of race, creed, color, national origin, 35 ancestry, marital status{, affectional or sexual orientation} or sex; 36 c. There may be deducted from the amount payable to the 37 contractor by the contracting public agency, under this 38 contract, a penalty of $50.00 for each person for each calendar 39 day during which such person is discriminated against or 40 intimidated in violation of the provisions of the contract; and 41 d. This contract may be canceled or terminated by the 42 contracting public agency, and all money due or to become due 43 hereunder may be forfeited, for any violation of this section of 44 the contract occurring after notice to the contractor from the 45 contracting public agency of any prior violation of this section 46 of the contract. 47 No provision in this section shall be construed to prevent a 48 board of education from designating that a contract, 49 subcontract or other means of procurement of goods, services, S3758 [1R] 18 1 equipment or construction shall be awarded to a small business 2 enterprise, minority business enterprise or a women s business 3 enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.). 4 (cf: P.L.1988, c.37, s.8) 5 11. Section 1 of P.L.1975, C.127 (C.10:5-31) is amended to 6 read as follows: 7 1. As used in this act: 8 a. " Public works contract" means any contract to be 9 performed for or on behalf of the State or any county or 10 municipality or other political subdivision of the State, or any 11 agency or authority created by any of the foregoing, for the 12 construction, alteration or repair of any building or public work 13 or for the acquisition of materials, equipment, supplies or 14 services with respect to which discrimination in the hiring of 15 persons for the performance of work thereunder or under any 16 subcontract thereunder by reason of race, creed, color, national 17 origin, ancestry, marital status{, affectional or sexual orientation} 18 or sex is prohibited under R.S.10:2-1. 19 b. "Equal employment opportunity" means equality in 20 opportunity for employment by any contractor, subcontractor or 21 business firm engaged in the carrying out of a public works 22 project including its development, design, acquisition, 23 construction, management and operation. 24 (cf: P.L.1975, C.127, S.l) 25 12. Section 2 of P.L.1975. c.127 (C.10:5-32) is amended to 26 read as follows: 27 2. No public works contract shall be awarded by the State, a 28 county, municipality or other political subdivision of the State. 29 or any agency of or authority created by any of the foregoing, 30 nor shall any moneys be paid thereunder to any contractor, 31 subcontractor or business firm which has not agreed and 32 guaranteed to afford equal opportunity in performance of the 33 contract {and, except with respect to affectional or sexual 34 orientation,} in accordance with an affirmative action program 35 approved by the State Treasurer. 36 (cf: P.L. 1975, c.127, s.2) 37 13. Section 3 of P.L.1975, c.127 (C.10:5-33) is amended to 38 read as follows: 39 3. The State or any county or municipality or other political 40 subdivision of the State, or any agency of or authority created 41 by any of the foregoing, shall include in the bid specifications 42 and the contract provisions of any public works contract the 43 following language: 44 "During the performance of this contract, the contractor 45 agrees as follows: 46 a. The contractor or subcontractor. where applicable. will not 47 discriminate against any employee or applicant for employment 48 because of age, race, creed, color, national origin, ancestry, 49 marital status{, affectional or sexual orientation} or sex. [The] S3758 [1R] 19 1 {Except with respect to affectional or sexual orientation, the} 2 contractor will take affirmative action to ensure that such 3 applicants are recruited and employed. and that employees are 4 treated during employment, without regard to their age, race, 5 creed, color, national origin, ancestry, marital status{, 6 affectional or sexual orientation} or sex. Such action shall 7 include, but not be limited to the following: employment, 8 upgrading. demotion, or transfer; recruitment or recruitment 9 advertising; layoff or termination; rates of pay or other forms of 10 compensation; and selection for training, including 11 apprenticeship. The contractor agrees to post in conspicuous 12 places, available to employees and applicants for employment, 13 notices to be provided by the contracting officer setting forth 14 the provisions of this nondiscrimination clause; 15 b. The contractor or subcontractor, where applicable will, in 16 all solicitations or advertisements for employees placed by or on 17 behalf of the contractor, state that all qualified applicants will 18 receive consideration for employment without regard to age, 19 race, creed. color, national origin, ancestry, marital status{, 20 affectional or sexual orientation} or sex; 21 c. The contractor or subcontractor where applicable, will 22 send to each labor union or representative of workers with which 23 he has a collective bargaining agreement or other contract or 24 understanding, a notice, to be provided by the agency 25 contracting officer, advising the labor union or workers 26 representative of the contractor's commitments under this act 27 and shall post copies of the notice in conspicuous places 28 available to employees and applicants for employment." 29 In soliciting bids for any public works contract the State or 30 any county or municipality or other political subdivision of the 31 State, or any agency of or authority created by any of the 32 foregoing, shall include in the advertisement and solicitation of 33 bids the following language: "Bidders are required to comply 34 with the requirements of P.L.1975, C.127." 35 (cf: P.L.1976, c.60, s.l) 36 14. Section 4 of P.L.1975, c.127 (C.10:5-34) is amended to 37 read as follows: 38 4. Each prospective bidder on a public works contract or 39 contracts and each subcontract bidder to a prime contract 40 bidder shall formulate and submit to the State Treasurer his or 41 its affirmative action program of equal opportunity whereby he 42 or it guarantees minorities employment in all employment 43 categories; the submission shall be accompanied by a fee in an 44 amount to be fixed by the State Treasurer. {For the purposes of 45 this section, equal employment opportunity but not affirmative 46 action is required with respect to persons identified solely by 47 their affectional or sexual orientation.} The State Treasurer 48 shall notify the bidder of approval or disapproval of his or its 49 program within 60 days of its submission; failure of the State S3758 [1R] 20 1 Treasurer to so act within 60 days shall constitute approval of 2 the program. Any existing federally approved or sanctioned 3 affirmative action program shall be approved by the State 4 Treasurer. 5 No subcontract bidder who has less than five employees need 6 comply with the provisions of this section. 7 (cf: P.L.1975, C.127, s.4) 8 *15. N.J.S. 11A:7-1 is amended to read as follows: 9 11A:7-1. Equal employment opportunity. The head of each 10 State agency shall ensure equality of opportunity for all of its 11 employees and applicants seeking employment . Equal 12 employment opportunity includes, but is not limited to, the 13 following areas: recruitment, selection, hiring, training, 14 promotion, transfer, layoff, return from layoff, compensation 15 and fringe benefits. Equal employment opportunity further 16 includes policies, procedures, and programs for recruitment, 17 employment, training, promotion, and retention of minorities, 18 women and handicapped persons. {Equal employment opportunity 19 but not affirmative action is required with respect to persons 20 identified solely by their affectional or sexual orientation.} 21 The head of each State agency shall explore innovative 22 personnel policies in order to enhance these efforts and where 23 appropriate shall implement them to the fullest extent 24 authorized. Where the implementation of those policies is not 25 authorized. an agency head shall recommend implementation to 26 the appropriate State agency. * 27 (cf: P.L. 1986, c. 112, s.11A:7-1) 28 *[15.] 16.*This act shall take effect immediately. 29 30 31 CIVlL JUSTICE 32 33 Prohibits discrimination based on affectional or sexual 34 orientation. -- David Coster dcoster@princeton.edu