AG Platkin and the Division on Civil Rights (DCR) announced that DCR has adopted landmark new rules that codify the prohibition against disparate impact discrimination under the New Jersey Law Against Discrimination (LAD), the oldest and strongest state civil rights law in the country.

The rules, which address disparate impact discrimination in employment, housing, places of public accommodation, financial lending, and contracting, are the most comprehensive state-level disparate impact regulations in the country. The rules cement critical state-law civil rights protections just as the Trump Administration has moved to reverse key protections against disparate impact discrimination at the federal level.

The rules make clear the legal standard for disparate impact liability under the LAD, as well as the burdens of proof in disparate impact discrimination claims. Disparate impact discrimination occurs when a seemingly neutral practice or policy of a covered entity unlawfully results in a disproportionately negative effect based on a protected characteristic, even where there is no intent to discriminate.

“The landmark rules we are adopting today further solidify our state’s nation-leading civil rights protections. As the Trump Administration continues its unlawful attempts to dismantle disparate impact protections at the federal level, it’s more important than ever that states take action to protect the civil rights of their residents – and that’s exactly what we’re doing. These landmark rules, which are the most comprehensive disparate impact rules in the country, make clear that the Law Against Discrimination prohibits discrimination in all of its forms, and they confirm New Jersey’s commitment to upholding the LAD’s protections and continuing our state’s longstanding leadership on civil rights.” – AG Platkin