Discrimination:
The State of New Jersey has enacted a broad statute protecting individuals from discrimination in their employment. The New Jersey Law Against Discrimination (N.J.S.A. 10:5-1, et seq.) states as follows: 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 0rientation, familial status, disability, nationality, sex or source of lawful income used for rental or mortgage payments, subject only to conditions and limitations applicable alike to all persons. This opportunity is recognized as and declared to be a civil right. The federal law is similar to New Jersey State law. The federal law governing discrimination is generally set forth under Title VII of the Civil Rights Act. Title VII, 42 U.S.C. 20002, states in part: § 2000e-2. Unlawful employment practices (a) Employer practices. It shall be an unlawful employment practice for an employer-- (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin. The federal law has a separate act prohibiting discrimination on the basis of age. The Age Discrimination in Employment Act states in part: (a) It shall be unlawful for an employer-
(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age; (2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age; or (3) to reduce the wage rate of any employee in order to comply with this chapter. (b) It shall be unlawful for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of such individual's age, or to classify or refer for employment any individual on the basis of such individual's age. The New Jersey State laws are similar to the Federal laws prohibiting discrimination. The Courts in the State of New Jersey often look to the federal courts for guidance on issues not yet decided in the New Jersey State Courts.
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