New Jersey Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) have issued new guidance clarifying that the protections afforded by the New Jersey Law Against Discrimination (LAD) apply to remote workers employed by New Jersey-based companies, even if they work remotely from outside of New Jersey. This guidance aims to address the increasing prevalence of remote work and ensure that all employees are protected from discrimination based on characteristics such as sexual orientation, gender, race, disability, and more, regardless of their location.
The guidance emphasizes that New Jersey employers must comply with LAD for all their employees, no matter where they reside or work. This means that out-of-state remote workers are entitled to the same protections against discrimination and bias-based harassment as those working within New Jersey. However, the LAD does not necessarily extend protections to New Jersey residents working for employers based in other states, although federal laws and other state laws may provide similar protections.
Attorney General Platkin highlighted that the pandemic has significantly changed work environments, but the commitment to preventing discrimination remains steadfast. Sundeep Iyer, Director of the Division on Civil Rights, reiterated that New Jersey’s robust civil rights laws protect remote workers employed by New Jersey companies and that the state will continue to enforce these strong protections.
