New Jersey § 10:5-17

§ 10:5-17.

If, upon all evidence at the hearing, the director shall find that the respondent

has engaged in any unlawful employment practice or unlawful discrimination as defined

in P.L.1945, c. 169 ( C.10:5-1 et seq. ) , the director shall state his findings of fact and conclusions of law and shall issue

and cause to be served on such respondent an order requiring such respondent to cease

and desist from such unlawful employment practice or unlawful discrimination and to

take such affirmative action, including, but not limited to, hiring, reinstatement

or upgrading of employees, with or without back pay, or restoration to membership,

in any respondent labor organization, or extending full and equal accommodations,

advantages, facilities, and privileges to all persons, as, in the judgment of the

director, will effectuate the purpose of P.L.1945, c. 169 ( C.10:5-1 et seq. ) , and including a requirement for report of the manner of compliance. If the conduct violative of P.L.1945, c. 169 ( C.10:5-1 et seq. ) constitutes any form of unlawful economic discrimination prohibited in subsection

l., m., or n. of section 11 of P.L.1945, c. 169 ( C.10:5-12 ), or any form of unlawful employment practice prohibited by subsection r. or t. of

section 11 of P.L.1945, c. 169 ( C.10:5-12 ), the affirmative action taken by the director may include the award of three-fold

damages to the person or persons aggrieved by the violation. The director shall have the power to use reasonably certain bases, including but

not limited to list, catalogue or market prices or values, or contract or advertised

terms and conditions, in order to determine particulars or performance in giving appropriate

remedy. In addition to any other remedies provided by P.L.1945, c. 169 ( C.10:5-1 et seq. ), a prevailing complainant may recover damages to compensate for emotional distress

caused by the activities found to be in violation of P.L.1945, c. 169 ( C.10:5-1 et seq. ) to the same extent as is available in common law tort actions. In any case in which the director, Attorney General, or appropriate organization

is a complainant, on behalf of named or unnamed individuals or a class of individuals,

any of the remedies or relief allowed by P.L.1945, c. 169 ( C.10:5-1 et seq. ) may be awarded or applied to the named or unnamed individual victims of discrimination. If, upon all evidence, the director shall find that the respondent has not engaged

in any such unlawful practice or unlawful discrimination, the director shall state

his findings of fact and conclusions of law and shall issue and cause to be served

on the complainant an order dismissing the said complaint as to such respondent. This section shall not apply to a violation regarding an inquiry as to an applicant's

salary history pursuant to section 2 of P.L.2019, c. 199 ( C.10:5-12.12 ).