New Jersey § 10:5-12

§ 10:5-12.

It shall be an unlawful employment practice, or, as the case may be, an unlawful discrimination: a. For an employer, because of the race, creed, color, national origin, ancestry,

age, marital status, civil union status, domestic partnership status, affectional

or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender

identity or expression, disability or atypical hereditary cellular or blood trait

of any individual, or because of the liability for service in the Armed Forces of

the United States or the nationality of any individual, or because of the refusal

to submit to a genetic test or make available the results of a genetic test to an

employer, to refuse to hire or employ or to bar or to discharge or require to retire,

unless justified by lawful considerations other than age, from employment such individual

or to discriminate against such individual in compensation or in terms, conditions

or privileges of employment; provided, however, it shall not be an unlawful employment

practice to refuse to accept for employment an applicant who has received a notice

of induction or orders to report for active duty in the armed forces; provided further

that nothing herein contained shall be construed to bar an employer from refusing

to accept for employment any person on the basis of sex in those certain circumstances

where sex is a bona fide occupational qualification, reasonably necessary to the normal

operation of the particular business or enterprise; provided further that it shall not be an unlawful employment practice for a club

exclusively social or fraternal to use club membership as a uniform qualification

for employment, or for a religious association or organization to utilize religious

affiliation as a uniform qualification in the employment of clergy, religious teachers

or other employees engaged in the religious activities of the association or organization,

or in following the tenets of its religion in establishing and utilizing criteria

for employment of an employee; provided further, that it shall not be an unlawful

employment practice to require the retirement of any employee who, for the two-year

period immediately before retirement, is employed in a bona fide executive or a high

policy-making position, if that employee is entitled to an immediate non-forfeitable

annual retirement benefit from a pension, profit sharing, savings or deferred retirement

plan, or any combination of those plans, of the employer of that employee which equals

in the aggregate at least $27,000.00; and provided further that an employer may restrict

employment to citizens of the United States where such restriction is required by

federal law or is otherwise necessary to protect the national interest. The provisions of subsections a. and b. of section 57 of P.L.2003, c. 246 ( C.34:11A-20 ), and the provisions of section 58 of P.L.2003, c. 246 ( C.26:8A-11 ), shall not be deemed to be an unlawful discrimination under P.L.1945, c. 169 ( C.10:5-1 et seq. ). For the purposes of this subsection, a “ bona fide executive ” is a top level employee who exercises substantial executive authority over a significant

number of employees and a large volume of business. A “ high policy-making position ” is a position in which a person plays a significant role in developing policy and

in recommending the implementation thereof. For the purposes of this subsection, an unlawful employment practice occurs, with

respect to discrimination in compensation or in the financial terms or conditions

of employment, each occasion that an individual is affected by application of a discriminatory

compensation decision or other practice, including, but not limited to, each occasion

that wages, benefits, or other compensation are paid, resulting in whole or in part

from the decision or other practice. In addition to any other relief authorized by the “Law Against Discrimination,” P.L.1945,

c. 169 ( C.10:5-1 et seq. ) for discrimination in compensation or in the financial terms or conditions of employment,

liability shall accrue and an aggrieved person may obtain relief for back pay for

the entire period of time, except not more than six years, in which the violation

with regard to discrimination in compensation or in the financial terms or conditions

of employment has been continuous, if the violation continues to occur within the

statute of limitations. Nothing in this subsection shall prohibit the application of the doctrine of “continuing

violation” or the “discovery rule” to any appropriate claim as those doctrines currently

exist in New Jersey common law. It shall be an unlawful employment practice to require employees or prospective

employees to consent to a shortened statute of limitations or to waive any of the

protections provided by the “Law Against Discrimination,” P.L.1945, c. 169 ( C.10:5-1 et seq. ). b. For a labor organization, because of the race, creed, color, national origin, ancestry,

age, marital status, civil union status, domestic partnership status, affectional

or sexual orientation, gender identity or expression, disability, pregnancy or breastfeeding,

or sex of any individual, or because of the liability for service in the Armed Forces

of the United States or nationality of any individual, to exclude or to expel from

its membership such individual or to discriminate in any way against any of its members,

against any applicant for, or individual included in, any apprentice or other training

program or against any employer or any individual employed by an employer; provided,

however, that nothing herein contained shall be construed to bar a labor organization

from excluding from its apprentice or other training programs any person on the basis

of sex in those certain circumstances where sex is a bona fide occupational qualification

reasonably necessary to the normal operation of the particular apprentice or other

training program. c. For any employer or employment agency to print or circulate or cause to be printed

or circulated any statement, advertisement or publication, or to use any form of application

for employment, or to make an inquiry in connection with prospective employment, which

expresses, directly or indirectly, any limitation, specification or discrimination

as to race, creed, color, national origin, ancestry, age, marital status, civil union

status, domestic partnership status, affectional or sexual orientation, gender identity

or expression, disability, nationality, pregnancy or breastfeeding, or sex or liability

of any applicant for employment for service in the Armed Forces of the United States,

or any intent to make any such limitation, specification or discrimination, unless

based upon a bona fide occupational qualification. d. For any person to take reprisals against any person because that person has opposed

any practices or acts forbidden under this act or because that person has sought legal

advice regarding rights under this act, shared relevant information with legal counsel,

shared information with a governmental entity, or filed a complaint, testified or

assisted in any proceeding under this act or to coerce, intimidate, threaten or interfere

with any person in the exercise or enjoyment of, or on account of that person having

aided or encouraged any other person in the exercise or enjoyment of, any right granted

or protected by this act. e. For any person, whether an employer or an employee or not, to aid, abet, incite,

compel or coerce the doing of any of the acts forbidden under this act, or to attempt

to do so. f. (1) For any owner, lessee, proprietor, manager, superintendent, agent, or employee

of any place of public accommodation directly or indirectly to refuse, withhold from

or deny to any person any of the accommodations, advantages, facilities or privileges

thereof, or to discriminate against any person in the furnishing thereof, or directly

or indirectly to publish, circulate, issue, display, post or mail any written or printed

communication, notice, or advertisement to the effect that any of the accommodations,

advantages, facilities, or privileges of any such place will be refused, withheld

from, or denied to any person on account of the race, creed, color, national origin,

ancestry, marital status, civil union status, domestic partnership status, pregnancy

or breastfeeding, sex, gender identity or expression, affectional or sexual orientation,

disability, liability for service in the Armed Forces of the United States or nationality

of such person, or that the patronage or custom thereat of any person of any particular

race, creed, color, national origin, ancestry, marital status, civil union status,

domestic partnership status, pregnancy or breastfeeding status, sex, gender identity

or expression, affectional or sexual orientation, disability, liability for service

in the Armed Forces of the United States or nationality is unwelcome, objectionable

or not acceptable, desired or solicited, and the production of any such written or

printed communication, notice or advertisement, purporting to relate to any such place

and to be made by any owner, lessee, proprietor, superintendent or manager thereof,

shall be presumptive evidence in any action that the same was authorized by such person;

provided, however, that nothing contained herein shall be construed to bar any place

of public accommodation which is in its nature reasonably restricted exclusively to

individuals of one sex, and which shall include but not be limited to any summer camp,

day camp, or resort camp, bathhouse, dressing room, swimming pool, gymnasium, comfort

station, dispensary, clinic or hospital, or school or educational institution which

is restricted exclusively to individuals of one sex, provided individuals shall be

admitted based on their gender identity or expression, from refusing, withholding

from or denying to any individual of the opposite sex any of the accommodations, advantages,

facilities or privileges thereof on the basis of sex; provided further, that the

foregoing limitation shall not apply to any restaurant as defined in R.S.33:1-1 or place where alcoholic beverages are served. (2) Notwithstanding the definition of “a place of public accommodation” as set forth

in subsection l. of section 5 of P.L.1945, c. 169 ( C.10:5-5 ), for any owner, lessee, proprietor, manager, superintendent, agent, or employee

of any private club or association to directly or indirectly refuse, withhold from

or deny to any individual who has been accepted as a club member and has contracted

for or is otherwise entitled to full club membership any of the accommodations, advantages,

facilities or privileges thereof, or to discriminate against any member in the furnishing

thereof on account of the race, creed, color, national origin, ancestry, marital status,

civil union status, domestic partnership status, pregnancy or breastfeeding, sex,

gender identity, or expression, affectional or sexual orientation, disability, liability

for service in the Armed Forces of the United States or nationality of such person. In addition to the penalties otherwise provided for a violation of P.L.1945, c. 169

( C.10:5-1 et seq. ), if the violator of paragraph (2) of subsection f. of this section is the holder

of an alcoholic beverage license issued under the provisions of R.S.33:1-12 for that private club or association, the matter shall be referred to the Director

of the Division of Alcoholic Beverage Control who shall impose an appropriate penalty

in accordance with the procedures set forth in R.S.33:1-31 . g. For any person, including but not limited to, any owner, lessee, sublessee, assignee

or managing agent of, or other person having the right of ownership or possession

of or the right to sell, rent, lease, assign, or sublease any real property or part

or portion thereof, or any agent or employee of any of these: (1) To refuse to sell, rent, lease, assign, or sublease or otherwise to deny to or

withhold from any person or group of persons any real property or part or portion

thereof because of race, creed, color, national origin, ancestry, marital status,

civil union status, domestic partnership status, pregnancy or breastfeeding, sex,

gender identity or expression, affectional or sexual orientation, familial status,

disability, liability for service in the Armed Forces of the United States, nationality,

or source of lawful income used for rental or mortgage payments; (2) To discriminate against any person or group of persons because of race, creed,

color, national origin, ancestry, marital status, civil union status, domestic partnership

status, pregnancy or breastfeeding, sex, gender identity or expression, affectional

or sexual orientation, familial status, disability, liability for service in the Armed

Forces of the United States, nationality or source of lawful income used for rental

or mortgage payments in the terms, conditions or privileges of the sale, rental or

lease of any real property or part or portion thereof or in the furnishing of facilities

or services in connection therewith; (3) To print, publish, circulate, issue, display, post or mail, or cause to be printed,

published, circulated, issued, displayed, posted or mailed any statement, advertisement,

publication or sign, or to use any form of application for the purchase, rental, lease,

assignment or sublease of any real property or part or portion thereof, or to make

any record or inquiry in connection with the prospective purchase, rental, lease,

assignment, or sublease of any real property, or part or portion thereof which expresses,

directly or indirectly, any limitation, specification or discrimination as to race,

creed, color, national origin, ancestry, marital status, civil union status, domestic

partnership status, pregnancy or breastfeeding, sex, gender identity, or expression,

affectional or sexual orientation, familial status, disability, liability for service

in the Armed Forces of the United States, nationality, or source of lawful income

used for rental or mortgage payments, or any intent to make any such limitation, specification

or discrimination, and the production of any such statement, advertisement, publicity,

sign, form of application, record, or inquiry purporting to be made by any such person

shall be presumptive evidence in any action that the same was authorized by such person;

provided, however, that nothing contained in this subsection shall be construed to

bar any person from refusing to sell, rent, lease, assign or sublease or from advertising

or recording a qualification as to sex for any room, apartment, flat in a dwelling

or residential facility which is planned exclusively for and occupied by individuals

of one sex to any individual of the exclusively opposite sex on the basis of sex provided

individuals shall be qualified based on their gender identity or expression; (4) To refuse to sell, rent, lease, assign, or sublease or otherwise to deny to or

withhold from any person or group of persons any real property or part or portion

thereof because of the source of any lawful income received by the person or the source

of any lawful rent payment to be paid for the real property; or (5) To refuse to rent or lease any real property to another person because that person's

family includes children under 18 years of age, or to make an agreement, rental or

lease of any real property which provides that the agreement, rental or lease shall

be rendered null and void upon the birth of a child. This paragraph shall not apply to housing for older persons as defined in subsection

mm. of section 5 of P.L.1945, c. 169 ( C.10:5-5 ). h. For any person, including but not limited to, any real estate broker, real estate

salesperson, or employee or agent thereof: (1) To refuse to sell, rent, assign, lease or sublease, or offer for sale, rental,

lease, assignment, or sublease any real property or part or portion thereof to any

person or group of persons or to refuse to negotiate for the sale, rental, lease,

assignment, or sublease of any real property or part or portion thereof to any person

or group of persons because of race, creed, color, national origin, ancestry, marital

status, civil union status, domestic partnership status, familial status, pregnancy

or breastfeeding, sex, gender identity or expression, affectional or sexual orientation,

liability for service in the Armed Forces of the United States, disability, nationality,

or source of lawful income used for rental or mortgage payments, or to represent that

any real property or portion thereof is not available for inspection, sale, rental,

lease, assignment, or sublease when in fact it is so available, or otherwise to deny

or withhold any real property or any part or portion of facilities thereof to or from

any person or group of persons because of race, creed, color, national origin, ancestry,

marital status, civil union status, domestic partnership status, familial status,

pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual

orientation, disability, liability for service in the Armed Forces of the United States,

or nationality; (2) To discriminate against any person because of race, creed, color, national origin,

ancestry, marital status, civil union status, domestic partnership status, familial

status, pregnancy or breastfeeding, sex, gender identity or expression, affectional

or sexual orientation, disability, liability for service in the Armed Forces of the

United States, nationality, or source of lawful income used for rental or mortgage

payments in the terms, conditions or privileges of the sale, rental, lease, assignment

or sublease of any real property or part or portion thereof or in the furnishing of

facilities or services in connection therewith; (3) To print, publish, circulate, issue, display, post, or mail, or cause to be printed,

published, circulated, issued, displayed, posted or mailed any statement, advertisement,

publication or sign, or to use any form of application for the purchase, rental, lease,

assignment, or sublease of any real property or part or portion thereof or to make

any record or inquiry in connection with the prospective purchase, rental, lease,

assignment, or sublease of any real property or part or portion thereof which expresses,

directly or indirectly, any limitation, specification or discrimination as to race,

creed, color, national origin, ancestry, marital status, civil union status, domestic

partnership status, familial status, pregnancy or breastfeeding, sex, gender identity

or expression, affectional or sexual orientation, disability, liability for service

in the Armed Forces of the United States, nationality, or source of lawful income

used for rental or mortgage payments or any intent to make any such limitation, specification

or discrimination, and the production of any such statement, advertisement, publicity,

sign, form of application, record, or inquiry purporting to be made by any such person

shall be presumptive evidence in any action that the same was authorized by such person;

provided, however, that nothing contained in this subsection h., shall be construed

to bar any person from refusing to sell, rent, lease, assign or sublease or from advertising

or recording a qualification as to sex for any room, apartment, flat in a dwelling

or residential facility which is planned exclusively for and occupied exclusively

by individuals of one sex to any individual of the opposite sex on the basis of sex,

provided individuals shall be qualified based on their gender identity or expression; (4) To refuse to sell, rent, lease, assign, or sublease or otherwise to deny to or

withhold from any person or group of persons any real property or part or portion

thereof because of the source of any lawful income received by the person or the source

of any lawful rent payment to be paid for the real property; or (5) To refuse to rent or lease any real property to another person because that person's

family includes children under 18 years of age, or to make an agreement, rental or

lease of any real property which provides that the agreement, rental or lease shall

be rendered null and void upon the birth of a child. This paragraph shall not apply to housing for older persons as defined in subsection

mm. of section 5 of P.L.1945, c. 169 ( C.10:5-5 ). i. For any person, bank, banking organization, mortgage company, insurance company

or other financial institution, lender or credit institution involved in the making

or purchasing of any loan or extension of credit, for whatever purpose, whether secured

by residential real estate or not, including but not limited to financial assistance

for the purchase, acquisition, construction, rehabilitation, repair or maintenance

of any real property or part or portion thereof or any agent or employee thereof: (1) To discriminate against any person or group of persons because of race, creed,

color, national origin, ancestry, marital status, civil union status, domestic partnership

status, pregnancy or breastfeeding, sex, gender identity or expression, affectional

or sexual orientation, disability, liability for service in the Armed Forces of the

United States, familial status or nationality, in the granting, withholding, extending,

modifying, renewing, or purchasing, or in the fixing of the rates, terms, conditions

or provisions of any such loan, extension of credit or financial assistance or purchase

thereof or in the extension of services in connection therewith; (2) To use any form of application for such loan, extension of credit or financial

assistance or to make record or inquiry in connection with applications for any such

loan, extension of credit or financial assistance which expresses, directly or indirectly,

any limitation, specification or discrimination as to race, creed, color, national

origin, ancestry, marital status, civil union status, domestic partnership status,

pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual

orientation, disability, liability for service in the Armed Forces of the United States,

familial status or nationality or any intent to make any such limitation, specification

or discrimination; unless otherwise required by law or regulation to retain or use

such information; (3) (Deleted by amendment, P.L.2003, c. 180 ). (4) To discriminate against any person or group of persons because of the source of

any lawful income received by the person or the source of any lawful rent payment

to be paid for the real property; or (5) To discriminate against any person or group of persons because that person's family

includes children under 18 years of age, or to make an agreement or mortgage which

provides that the agreement or mortgage shall be rendered null and void upon the birth

of a child. This paragraph shall not apply to housing for older persons as defined in subsection

mm. of section 5 of P.L.1945, c. 169 ( C.10:5-5 ). j. For any person whose activities are included within the scope of this act to refuse

to post or display such notices concerning the rights or responsibilities of persons

affected by this act as the Attorney General may by regulation require. k. For any real estate broker, real estate salesperson or employee or agent thereof

or any other individual, corporation, partnership, or organization, for the purpose

of inducing a transaction for the sale or rental of real property from which transaction

such person or any of its members may benefit financially, to represent that a change

has occurred or will or may occur in the composition with respect to race, creed,

color, national origin, ancestry, marital status, civil union status, domestic partnership

status, familial status, pregnancy or breastfeeding, sex, gender identity or expression,

affectional or sexual orientation, disability, liability for service in the Armed

Forces of the United States, nationality, or source of lawful income used for rental

or mortgage payments of the owners or occupants in the block, neighborhood or area

in which the real property is located, and to represent, directly or indirectly, that

this change will or may result in undesirable consequences in the block, neighborhood

or area in which the real property is located, including, but not limited to the lowering

of property values, an increase in criminal or anti-social behavior, or a decline

in the quality of schools or other facilities. l . For any person to refuse to buy from, sell to, lease from or to, license, contract

with, or trade with, provide goods, services or information to, or otherwise do business

with any other person on the basis of the race, creed, color, national origin, ancestry,

age, pregnancy or breastfeeding, sex, gender identity or expression, affectional or

sexual orientation, marital status, civil union status, domestic partnership status,

liability for service in the Armed Forces of the United States, disability, nationality,

or source of lawful income used for rental or mortgage payments of such other person

or of such other person's family members, partners, members, stockholders, directors,

officers, managers, superintendents, agents, employees, business associates, suppliers,

or customers. This subsection shall not prohibit refusals or other actions (1) pertaining to employee-employer

collective bargaining, labor disputes, or unfair labor practices, or (2) made or taken

in connection with a protest of unlawful discrimination or unlawful employment practices. m. For any person to: (1) Grant or accept any letter of credit or other document which evidences the transfer

of funds or credit, or enter into any contract for the exchange of goods or services,

where the letter of credit, contract, or other document contains any provisions requiring

any person to discriminate against or to certify that he, she or it has not dealt

with any other person on the basis of the race, creed, color, national origin, ancestry,

age, pregnancy or breastfeeding, sex, gender identity or expression, affectional or

sexual orientation, marital status, civil union status, domestic partnership status,

disability, liability for service in the Armed Forces of the United States, or nationality

of such other person or of such other person's family members, partners, members,

stockholders, directors, officers, managers, superintendents, agents, employees, business

associates, suppliers, or customers. (2) Refuse to grant or accept any letter of credit or other document which evidences

the transfer of funds or credit, or refuse to enter into any contract for the exchange

of goods or services, on the ground that it does not contain such a discriminatory

provision or certification. The provisions of this subsection shall not apply to any letter of credit, contract,

or other document which contains any provision pertaining to employee-employer collective

bargaining, a labor dispute or an unfair labor practice, or made in connection with

the protest of unlawful discrimination or an unlawful employment practice, if the

other provisions of such letter of credit, contract, or other document do not otherwise

violate the provisions of this subsection. n. For any person to aid, abet, incite, compel, coerce, or induce the doing of any

act forbidden by subsections l. and m. of section 11 of P.L.1945, c. 169 ( C.10:5-12 ), or to attempt, or to conspire to do so. Such prohibited conduct shall include, but not be limited to: (1) Buying from, selling to, leasing from or to, licensing, contracting with, trading

with, providing goods, services, or information to, or otherwise doing business with

any person because that person does, or agrees or attempts to do, any such act or

any act prohibited by this subsection; or (2) Boycotting, commercially blacklisting or refusing to buy from, sell to, lease

from or to, license, contract with, provide goods, services or information to, or

otherwise do business with any person because that person has not done or refuses

to do any such act or any act prohibited by this subsection; provided that this subsection

shall not prohibit refusals or other actions either pertaining to employee-employer

collective bargaining, labor disputes, or unfair labor practices, or made or taken

in connection with a protest of unlawful discrimination or unlawful employment practices. o . For any multiple listing service, real estate brokers' organization or other service,

organization or facility related to the business of selling or renting dwellings to

deny any person access to or membership or participation in such organization, or

to discriminate against such person in the terms or conditions of such access, membership,

or participation, on account of race, creed, color, national origin, ancestry, age,

marital status, civil union status, domestic partnership status, familial status,

pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual

orientation, disability, liability for service in the Armed Forces of the United States

or nationality. p. Nothing in the provisions of this section shall affect the ability of an employer

to require employees to adhere to reasonable workplace appearance, grooming and dress

standards not precluded by other provisions of State or federal law, except that an

employer shall allow an employee to appear, groom and dress consistent with the employee's

gender identity or expression. q. (1) For any employer to impose upon a person as a condition of obtaining or retaining

employment, including opportunities for promotion, advancement or transfers, any terms

or conditions that would require a person to violate or forego a sincerely held religious

practice or religious observance, including but not limited to the observance of any

particular day or days or any portion thereof as a Sabbath or other holy day in accordance

with the requirements of the religion or religious belief, unless, after engaging

in a bona fide effort, the employer demonstrates that it is unable to reasonably accommodate

the employee's religious observance or practice without undue hardship on the conduct

of the employer's business. Notwithstanding any other provision of law to the contrary, an employee shall not

be entitled to premium wages or premium benefits for work performed during hours to

which those premium wages or premium benefits would ordinarily be applicable, if the

employee is working during those hours only as an accommodation to his religious requirements. Nothing in this subsection q. shall be construed as reducing: (a) The number of the hours worked by the employee which are counted towards the accruing

of seniority, pension or other benefits; or (b) Any premium wages or benefits provided to an employee pursuant to a collective

bargaining agreement. (2) For an employer to refuse to permit an employee to utilize leave, as provided

for in this subsection q., which is solely used to accommodate the employee's sincerely

held religious observance or practice. Except where it would cause an employer to incur an undue hardship, no person shall

be required to remain at his place of employment during any day or days or portion

thereof that, as a requirement of his religion, he observes as his Sabbath or other

holy day, including a reasonable time prior and subsequent thereto for travel between

his place of employment and his home; provided that any such absence from work shall,

wherever practicable in the reasonable judgment of the employer, be made up by an

equivalent amount of time and work at some other mutually convenient time, or shall

be charged against any leave with pay ordinarily granted, other than sick leave, and

any such absence not so made up or charged, may be treated by the employer of that

person as leave taken without pay. (3)(a) For purposes of this subsection q., “ undue hardship ” means an accommodation requiring unreasonable expense or difficulty, unreasonable

interference with the safe or efficient operation of the workplace or a violation

of a bona fide seniority system or a violation of any provision of a bona fide collective

bargaining agreement. (b) In determining whether the accommodation constitutes an undue hardship, the factors

considered shall include: (i) The identifiable cost of the accommodation, including the costs of loss of productivity

and of retaining or hiring employees or transferring employees from one facility to

another, in relation to the size and operating cost of the employer. (ii) The number of individuals who will need the particular accommodation for a sincerely

held religious observance or practice. (iii) For an employer with multiple facilities, the degree to which the geographic

separateness or administrative or fiscal relationship of the facilities will make

the accommodation more difficult or expensive. (c) An accommodation shall be considered to constitute an undue hardship if it will

result in the inability of an employee to perform the essential functions of the position

in which he or she is employed. (d)(i) The provisions of this subsection q. shall be applicable only to reasonable

accommodations of religious observances and shall not supersede any definition of

undue hardship or standards for reasonable accommodation of the disabilities of employees. (ii) This subsection q. shall not apply where the uniform application of terms and

conditions of attendance to employees is essential to prevent undue hardship to the

employer. The burden of proof regarding the applicability of this subparagraph (d) shall be

upon the employer. r. For any employer to take reprisals against any employee for requesting from, discussing

with, or disclosing to, any other employee or former employee of the employer, a lawyer

from whom the employee seeks legal advice, or any government agency information regarding

the job title, occupational category, and rate of compensation, including benefits,

of the employee or any other employee or former employee of the employer, or the gender,

race, ethnicity, military status, or national origin of the employee or any other

employee or former employee of the employer, regardless of whether the request was

responded to, or to require, as a condition of employment, any employee or prospective

employee to sign a waiver, or to otherwise require an employee or prospective employee

to agree, not to make those requests or disclosures. Nothing in this subsection shall be construed to require an employee to disclose

such information about the employee herself to any other employee or former employee

of the employer or to any authorized representative of the other employee or former

employee. s. For an employer to treat, for employment-related purposes, a woman employee that

the employer knows, or should know, is affected by pregnancy or breastfeeding in a

manner less favorable than the treatment of other persons not affected by pregnancy

or breastfeeding but similar in their ability or inability to work. In addition, an employer of an employee who is a woman affected by pregnancy shall

make available to the employee reasonable accommodation in the workplace, such as

bathroom breaks, breaks for increased water intake, periodic rest, assistance with

manual labor, job restructuring or modified work schedules, and temporary transfers

to less strenuous or hazardous work, for needs related to the pregnancy when the employee,

based on the advice of her physician, requests the accommodation, and, in the case

of a 1 employee breast feeding her infant child, the accommodation shall include reasonable

break time each day to the employee and a suitable room or other location with privacy,

other than a toilet stall, in close proximity to the work area for the employee to

express breast milk for the child, unless the employer can demonstrate that providing

the accommodation would be an undue hardship on the business operations of the employer. The employer shall not in any way penalize the employee in terms, conditions or

privileges of employment for requesting or using the accommodation. Workplace accommodation provided pursuant to this subsection and paid or unpaid

leave provided to an employee affected by pregnancy or breastfeeding shall not be

provided in a manner less favorable than accommodations or leave provided to other

employees not affected by pregnancy or breastfeeding but similar in their ability

or inability to work. This subsection shall not be construed as otherwise increasing or decreasing any

employee's rights under law to paid or unpaid leave in connection with pregnancy or

breastfeeding. For the purposes of this section “ pregnancy or breastfeeding ” means pregnancy, childbirth, and breast feeding or expressing milk for breastfeeding,

or medical conditions related to pregnancy, childbirth, or breastfeeding, including

recovery from childbirth. For the purposes of this subsection, in determining whether an accommodation would

impose undue hardship on the operation of an employer's business, the factors to be

considered include: the overall size of the employer's business with respect to the

number of employees, number and type of facilities, and size of budget; the type

of the employer's operations, including the composition and structure of the employer's

workforce; the nature and cost of the accommodation needed, taking into consideration

the availability of tax credits, tax deductions, and outside funding; and the extent

to which the accommodation would involve waiver of an essential requirement of a job

as opposed to a tangential or non-business necessity requirement. t. For an employer to pay any of its employees who is a member of a protected class

at a rate of compensation, including benefits, which is less than the rate paid by

the employer to employees who are not members of the protected class for substantially

similar work, when viewed as a composite of skill, effort and responsibility. An employer who is paying a rate of compensation in violation of this subsection

shall not reduce the rate of compensation of any employee in order to comply with

this subsection. An employer may pay a different rate of compensation only if the employer demonstrates

that the differential is made pursuant to a seniority system, a merit system, or the

employer demonstrates: (1) That the differential is based on one or more legitimate, bona fide factors other

than the characteristics of members of the protected class, such as training, education

or experience, or the quantity or quality of production; (2) That the factor or factors are not based on, and do not perpetuate, a differential

in compensation based on sex or any other characteristic of members of a protected

class; (3) That each of the factors is applied reasonably; (4) That one or more of the factors account for the entire wage differential; and (5) That the factors are job-related with respect to the position in question and

based on a legitimate business necessity. A factor based on business necessity shall not apply if it is demonstrated that

there are alternative business practices that would serve the same business purpose

without producing the wage differential. Comparisons of wage rates shall be based on wage rates in all of an employer's operations

or facilities. For the purposes of this subsection, “ member of a protected class ” means an employee who has one or more characteristics, including race, creed, color,

national origin, nationality, ancestry, age, marital status, civil union status, domestic

partnership status, affectional or sexual orientation, genetic information, pregnancy,

sex, gender identity or expression, disability or atypical hereditary cellular or

blood trait of any individual, or liability for service in the armed forces, for which

subsection a. of this section prohibits an employer from refusing to hire or employ

or barring or discharging or requiring to retire from employment or discriminating

against the individual in compensation or in terms, conditions or privileges of employment. 1

So in original; probably should read “an”.