|Date of Proposal: February 3, 2014
Proposal Number: PRN 2014-021
The proposal would readopt, with amendments, the Division on Civil Rights’ rules concerning employment advertising (N.J.A.C. 13:11). Proposed amendments to the rules are designed to ensure consistency with recent amendments to the New Jersey Law Against Discrimination (LAD) and relevant case law, and to delete outdated and redundant provisions. The LAD makes it unlawful for employers, employment agencies and labor organizations to print or circulate any statement, advertisement or publication that expresses -- either directly or indirectly -- any limitation, specification or discrimination based on race, creed, color, national origin, ancestry, nationality, age, sex, marital status, civil union status, domestic partnership status, sexual orientation, gender identity, disability, etc. The chapter being proposed for readoption addresses these prohibitions, and clarifies that newspapers and other publications are prohibited from publishing discriminatory employment advertisements. The New Jersey Supreme Court has held that newspapers and other publications are properly subject to these rules, because they would be aiding and abetting discriminatory employment advertising by publishing discriminatory ads in their publications. The rules proposed for readoption with amendments appear in the February 3, 2014 edition of the New Jersey Register.
Summary of Proposal:
A summary of the proposed readoption with amendments is posted on the New Jersey Division on Civil Rights Web site at: www.nj.gov/oag/dcr/proposed_rules.html
The original public comment period expires on April 4, 2014; the public comment period has been extended to May 5, 2014.
Please direct all comments to:
Estelle Bronstein, Assistant Director
New Jersey Division on Civil Rights
P.O. Box 089
Trenton, New Jersey 08625-0089