New Jersey has powerful and effective laws against discrimination. These New Jersey laws protect persons seeking public accommodations and, most importantly,
persons in the work place. These laws reach real estate, banks, and religious practices. N.J.S. 10:5-4 defines these rights. That statute says:
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| All persons shall have the opportunity to obtain employment, and to obtain all the accommodations, advantages, facilities, and privileges of any place of public accommodation, publicly assisted housing accommodation, and other real property without discrimination because of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, disability, liability for service in the Armed Forces of the United States, nationality, sex, gender identity or expression or source of lawful income used for rental or mortgage payments, subject only to conditions and limitations applicable alike to all persons.
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A different New Jersey statute, N.J.S. 10:5–12, makes it illegal for other persons to violate those rights. N.J.S. 10:5–12 has many sections. Those sections address the different areas in which discrimination is illegal. These areas include:
- Discrimination in the work place (Subsection a);
- Discrimination by labor unions (Subsection b);
- Discrimination in places of public accommodation (Subsection f);
- Discrimination in sale or rental of real estate, or apartments (Subsection g);
- Discrimination by banks, mortgage companies, insurance companies and other financial institutions (Subsection i);
- Discrimination on account of sincerely held religious practices (Subsection q);
- Pregnancy discrimination (Subsection s);
“Discrimination with regard to places of public accommodation” (Subsection f) is a very broad concept. N.J.S. 10:5-5 specifies that such discrimination includes the following:
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Any tavern, roadhouse, hotel, motel, trailer camp, summer camp, day camp, or resort camp, whether for entertainment of transient guests or accommodation of those seeking health, recreation, or rest; any producer, manufacturer, wholesaler, distributor, retail shop, store, establishment, or concession dealing with goods or services of any kind; any restaurant, eating house, or place where food is sold for consumption  on the premises; any place maintained for the sale of ice cream, ice and fruit preparations or their derivatives, soda water or confections, or where any beverages of any kind are retailed for consumption on the premises; any garage, any public conveyance operated on land or water or in the air or any stations and terminals thereof; any bathhouse, boardwalk, or seashore accommodation; any auditorium, meeting place, or hall; any theatre, motion-picture house, music hall, roof garden, skating rink, swimming pool, amusement and recreation park, fair, bowling alley, gymnasium, shooting gallery, billiard and pool parlor, or other place of amusement; any comfort station; any dispensary, clinic, or hospital; any public library; and any kindergarten, primary and secondary school, trade or business school, high school, academy, college and university, or any educational institution under the supervision of the State Board of Education or the Commissioner of Education of the State of New Jersey.
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In addition to New Jersey protections, federal legislation outlaws discrimination in public accommodations. A principal federal statute is at 42 U.S.C. § 2000a. Federal protections under that statute are limited to injunctive relief, or civil actions by the Attorney General. In addition, these protections exist only when the places of public accommodation are engaged in interstate commerce. Interstate commerce, however, is interpreted very broadly.
Discrimination litigation is labor-intensive. Law suits that allege discrimination often take a long time to resolve. Lawyer fees are huge. BUT a New Jersey statute, N.J.S. 10:5-27.1, enables the prevailing party in a New Jersey discrimination law suit to recover a reasonable attorney's fee. This provision puts competent representation within the reach of many who would otherwise be unable to obtain legal assistance.
The Law Offices of Allan Marain represent victims of discrimination in New Jersey. Lawyers in his office have decades of rich legal experience. They are skilled and resourceful. If you have a possible discrimination claim, they would welcome your call.
