New Jersey § 10:5-5

§ 10:5-5.

As used in P.L.1945, c. 169 ( C.10:5-1 et seq. ), unless a different meaning clearly appears from the context: a. “ Person ” includes one or more individuals, partnerships, associations, organizations, labor

organizations, corporations, legal representatives, trustees, trustees in bankruptcy,

receivers, and fiduciaries. b. “ Employment agency ” includes any person undertaking to procure employees or opportunities for others

to work. c. “ Labor organization ” includes any organization which exists and is constituted for the purpose, in whole

or in part, of collective bargaining, or of dealing with employers concerning grievances,

terms or conditions of employment, or of other mutual aid or protection in connection

with employment. d. “ Unlawful employment practice ” and “ unlawful discrimination ” include only those unlawful practices and acts specified in section 11 of P.L.1945,

c. 169 ( C.10:5-12 ). e. “ Employer ” includes all persons as defined in subsection a. of this section and “hiring entities” as defined by section 2 of P.L.2023, c. 262 ( C.34:11-70 ) , unless otherwise specifically exempt under another section of P.L.1945, c. 169 ( C.10:5-1 et seq. ), and includes the State, any political or civil subdivision thereof, and all public

officers, agencies, boards, or bodies. f. (Deleted by amendment, P.L.2023, c. 262 ) g. “ Liability for service in the Armed Forces of the United States ” means subject to being ordered as an individual or member of an organized unit into

active service in the Armed Forces of the United States by reason of membership in

the National Guard, naval militia or a reserve component of the Armed Forces of the

United States, or subject to being inducted into such armed forces through a system

of national selective service. h. “ Division ” means the “Division on Civil Rights” created by P.L.1945, c. 169 ( C.10:5-1 et seq. ). i. “ Attorney General ” means the Attorney General of the State of New Jersey or the Attorney General's

representative or designee. j. “ Commission ” means the Commission on Civil Rights created by P.L.1945, c. 169 ( C.10:5-1 et seq. ). k. “ Director ” means the Director of the Division on Civil Rights. l . “ A place of public accommodation ” shall include, but not be limited to: any tavern, roadhouse, hotel, motel, trailer

camp, summer camp, day camp, or resort camp, whether for entertainment of transient

guests or accommodation of those seeking health, recreation, or rest; any producer,

manufacturer, wholesaler, distributor, retail shop, store, establishment, or concession

dealing with goods or services of any kind; any restaurant, eating house, or place

where food is sold for consumption on the premises; any place maintained for the sale

of ice cream, ice and fruit preparations or their derivatives, soda water or confections,

or where any beverages of any kind are retailed for consumption on the premises; any

garage, any public conveyance operated on land or water or in the air or any stations

and terminals thereof; any bathhouse, boardwalk, or seashore accommodation; any auditorium,

meeting place, or hall; any theatre, motion-picture house, music hall, roof garden,

skating rink, swimming pool, amusement and recreation park, fair, bowling alley, gymnasium,

shooting gallery, billiard and pool parlor, or other place of amusement; any comfort

station; any dispensary, clinic, or hospital; any public library; and any kindergarten,

primary and secondary school, trade or business school, high school, academy, college

and university, or any educational institution under the supervision of the State

Board of Education or the Commissioner of Education of the State of New Jersey. Nothing herein contained shall be construed to include or to apply to any institution,

bona fide club, or place of accommodation, which is in its nature distinctly private;

nor shall anything herein contained apply to any educational facility operated or

maintained by a bona fide religious or sectarian institution, and the right of a natural

parent or one in loco parentis to direct the education and upbringing of a child under

his control is hereby affirmed; nor shall anything herein contained be construed to

bar any private secondary or post-secondary school from using in good faith criteria

other than race, creed, color, national origin, ancestry, gender identity, or expression

or affectional or sexual orientation in the admission of students. m. “A publicly assisted housing accommodation” shall include all housing built with

public funds or public assistance pursuant to P.L.1949, c. 300, 1 P.L.1941, c. 213, 2 P.L.1944, c. 169, 3 P.L.1949, c. 303, 4 P.L.1938, c. 19, 5 P.L.1938, c. 20, 6 P.L.1946, c. 52, 7 and P.L.1949, c. 184, 8 and all housing financed in whole or in part by a loan, whether or not secured by

a mortgage, the repayment of which is guaranteed or insured by the federal government

or any agency thereof. n. The term “ real property ” includes real estate, lands, tenements and hereditaments, corporeal and incorporeal,

and leaseholds, provided, however, that, except as to publicly assisted housing accommodations,

the provisions of this act shall not apply to the rental: (1) of a single apartment

or flat in a two-family dwelling, the other occupancy unit of which is occupied by

the owner as a residence; or (2) of a room or rooms to another person or persons by

the owner or occupant of a one-family dwelling occupied by the owner or occupant as

a residence at the time of such rental. Nothing herein contained shall be construed to bar any religious or denominational

institution or organization, or any organization operated for charitable or educational

purposes, which is operated, supervised, or controlled by or in connection with a

religious organization, in the sale, lease, or rental of real property, from limiting

admission to or giving preference to persons of the same religion or denomination

or from making such selection as is calculated by such organization to promote the

religious principles for which it is established or maintained. Nor does any provision under this act regarding discrimination on the basis of familial

status apply with respect to housing for older persons. o . “ Real estate broker ” includes a person, firm, or corporation who, for a fee, commission, or other valuable

consideration, or by reason of promise or reasonable expectation thereof, lists for

sale, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale,

exchange, purchase, or rental of real estate or an interest therein, or collects or

offers or attempts to collect rent for the use of real estate, or solicits for prospective

purchasers or assists or directs in the procuring of prospects or the negotiation

or closing of any transaction which does or is contemplated to result in the sale,

exchange, leasing, renting, or auctioning of any real estate, or negotiates, or offers

or attempts or agrees to negotiate a loan secured or to be secured by mortgage or

other encumbrance upon or transfer of any real estate for others; or any person who,

for pecuniary gain or expectation of pecuniary gain conducts a public or private competitive

sale of lands or any interest in lands. In the sale of lots, the term “real estate broker” shall also include any person,

partnership, association, or corporation employed by or on behalf of the owner or

owners of lots or other parcels of real estate, at a stated salary, or upon a commission,

or upon a salary and commission or otherwise, to sell such real estate, or any parts

thereof, in lots or other parcels, and who shall sell or exchange, or offer or attempt

or agree to negotiate the sale or exchange, of any such lot or parcel of real estate. p. “ Real estate salesperson ” includes any person who, for compensation, valuable consideration or commission,

or other thing of value, or by reason of a promise or reasonable expectation thereof,

is employed by and operates under the supervision of a licensed real estate broker

to sell or offer to sell, buy or offer to buy or negotiate the purchase, sale, or

exchange of real estate, or offers or attempts to negotiate a loan secured or to be

secured by a mortgage or other encumbrance upon or transfer of real estate, or to

lease or rent, or offer to lease or rent any real estate for others, or to collect

rents for the use of real estate, or to solicit for prospective purchasers or lessees

of real estate, or who is employed by a licensed real estate broker to sell or offer

to sell lots or other parcels of real estate, at a stated salary, or upon a commission,

or upon a salary and commission, or otherwise to sell real estate, or any parts thereof,

in lots or other parcels. q. “ Disability ” means physical or sensory disability, infirmity, malformation, or disfigurement

which is caused by bodily injury, birth defect, or illness including epilepsy and

other seizure disorders, and which shall include, but not be limited to, any degree

of paralysis, amputation, lack of physical coordination, blindness or visual impairment,

deafness or hearing impairment, muteness or speech impairment, or physical reliance

on a service or guide dog, wheelchair, or other remedial appliance or device, or any

mental, psychological, or developmental disability, including autism spectrum disorders,

resulting from anatomical, psychological, physiological, or neurological conditions

which prevents the typical exercise of any bodily or mental functions or is demonstrable,

medically or psychologically, by accepted clinical or laboratory diagnostic techniques.

Disability shall also mean AIDS or HIV infection. r. “ Blind person ” or “ person who is blind ” means any individual whose central visual acuity does not exceed 20/200 in the better

eye with correcting lens or whose visual acuity is better than 20/200 if accompanied

by a limit to the field of vision in the better eye to such a degree that its widest

diameter subtends an angle of no greater than 20 degrees. s. “ Guide dog ” means a dog used to assist persons who are deaf, or which is fitted with a special

harness so as to be suitable as an aid to the mobility of a person who is blind, and

is used by a person who is blind and has satisfactorily completed a specific course

of training in the use of such a dog, and has been trained by an organization generally

recognized by agencies involved in the rehabilitation of persons with disabilities,

including, but not limited to, those persons who are blind or deaf, as reputable and

competent to provide dogs with training of this type. t. “ Guide or service dog trainer ” means any person who is employed by an organization generally recognized by agencies

involved in the rehabilitation of persons with disabilities, including, but not limited

to, those persons who are blind, have visual impairments, or are deaf or have hearing

impairments, as reputable and competent to provide dogs with training, as defined

in this section, and who is actually involved in the training process. u. “ Housing accommodation ” means any publicly assisted housing accommodation or any real property, or portion

thereof, which is used or occupied, or is intended, arranged, or designed to be used

or occupied, as the home, residence, or sleeping place of one or more persons, but

shall not include any single family residence the occupants of which rent, lease,

or furnish for compensation not more than one room therein. v. “ Public facility ” means any place of public accommodation and any street, highway, sidewalk, walkway,

public building, and any other place or structure to which the general public is regularly,

normally, or customarily permitted or invited. w. “ Deaf person ” or “ person who is deaf ” means any person whose hearing is so severely impaired that the person is unable

to hear and understand conversational speech through the unaided ear alone, and who

must depend primarily on an assistive listening device or visual communication such

as writing, lip reading, sign language, and gestures. x. “ Atypical hereditary cellular or blood trait ” means sickle cell trait, hemoglobin C trait, thalassemia trait, Tay-Sachs trait,

or cystic fibrosis trait. y. “ Sickle cell trait ” means the condition wherein the major natural hemoglobin components present in the

blood of the individual are hemoglobin A (normal) and hemoglobin S (sickle hemoglobin)

as defined by standard chemical and physical analytic techniques, including electrophoresis;

and the proportion of hemoglobin A is greater than the proportion of hemoglobin S

or one natural parent of the individual is shown to have only normal hemoglobin components

(hemoglobin A, hemoglobin A2, hemoglobin F) in the normal proportions by standard

chemical and physical analytic tests. z. “ Hemoglobin C trait ” means the condition wherein the major natural hemoglobin components present in the

blood of the individual are hemoglobin A (normal) and hemoglobin C as defined by standard

chemical and physical analytic techniques, including electrophoresis; and the proportion

of hemoglobin A is greater than the proportion of hemoglobin C or one natural parent

of the individual is shown to have only normal hemoglobin components (hemoglobin A,

hemoglobin A2, hemoglobin F) in normal proportions by standard chemical and physical

analytic tests. aa. “ Thalassemia trait ” means the presence of the thalassemia gene which in combination with another similar

gene results in the chronic hereditary disease Cooley's anemia. bb. “ Tay-Sachs trait ” means the presence of the Tay-Sachs gene which in combination with another similar

gene results in the chronic hereditary disease Tay-Sachs. cc. “ Cystic fibrosis trait ” means the presence of the cystic fibrosis gene which in combination with another

similar gene results in the chronic hereditary disease cystic fibrosis. dd. “ Service dog ” means any dog individually trained to the requirements of a person with a disability

including, but not limited to minimal protection work, rescue work, pulling a wheelchair

or retrieving dropped items. This term shall include a “seizure dog” trained to alert or otherwise assist persons

with epilepsy or other seizure disorders. ee. “ Qualified Medicaid applicant ” means an individual who is a qualified applicant pursuant to P.L.1968, c. 413 ( C.30:4D-1 et seq. ). ff. “ AIDS ” means acquired immune deficiency syndrome as defined by the Centers for Disease

Control and Prevention of the United States Public Health Service. gg. “ HIV infection ” means infection with the human immunodeficiency virus or any other related virus

identified as a probable causative agent of AIDS. hh. “ Affectional or sexual orientation ” means male or female heterosexuality, homosexuality, or bisexuality by inclination,

practice, identity, or expression, having a history thereof or being perceived, presumed,

or identified by others as having such an orientation. ii. “ Heterosexuality ” means affectional, emotional, or physical attraction or behavior which is primarily

directed towards persons of the other gender. jj. “ Homosexuality ” means affectional, emotional, or physical attraction or behavior which is primarily

directed towards persons of the same gender. kk. “ Bisexuality ” means affectional, emotional, or physical attraction or behavior which is directed

towards persons of multiple genders . ll . “ Familial status ” means being the natural parent of a child, the adoptive parent of a child, the resource

family parent of a child, having a “parent and child relationship” with a child as

defined by State law, or having sole or joint legal or physical custody, care, guardianship,

or visitation with a child, or any person who is pregnant or is in the process of

securing legal custody of any individual who has not attained the age of 18 years. mm. “ Housing for older persons ” means housing: (1) provided under any State program that the Attorney General determines is specifically

designed and operated to assist persons who are elderly (as defined in the State program);

or provided under any federal program that the United States Department of Housing

and Urban Development determines is specifically designed and operated to assist persons

who are elderly (as defined in the federal program); or (2) intended for, and solely occupied by, persons 62 years of age or older; or (3) intended and operated for occupancy by at least one person 55 years of age or

older per unit. In determining whether housing qualifies as housing for older persons under this paragraph,

the Attorney General shall adopt regulations which require at least the following

factors: (a) the existence of significant facilities and services specifically designed to

meet the physical or social needs of older persons, or if the provision of such facilities

and services is not practicable, that such housing is necessary to provide important

housing opportunities for older persons; and (b) that at least 80 percent of the units are occupied by at least one person 55 years

of age or older per unit; and (c) the publication of, and adherence to, policies and procedures which demonstrate

an intent by the owner or manager to provide housing for persons 55 years of age or

older. Housing shall not fail to meet the requirements for housing for older persons by reason

of: persons residing in such housing as of September 13, 1988 not meeting the age

requirements of this subsection, provided that new occupants of such housing meet

the age requirements of this subsection; or unoccupied units, provided that such units

are reserved for occupancy by persons who meet the age requirements of this subsection. nn. “ Genetic characteristic ” means any inherited gene or chromosome, or alteration thereof, that is scientifically

or medically believed to predispose an individual to a disease, disorder, or syndrome,

or to be associated with a statistically significant increased risk of development

of a disease, disorder, or syndrome. oo. “ Genetic information ” means the information about genes, gene products, or inherited characteristics that

may derive from an individual or family member. pp. “ Genetic test ” means a test for determining the presence or absence of an inherited genetic characteristic

in an individual, including tests of nucleic acids such as DNA, RNA, and mitochondrial

DNA, chromosomes, or proteins in order to identify a predisposing genetic characteristic. qq. “ Domestic partnership ” means a domestic partnership established pursuant to section 4 of P.L.2003, c. 246 ( C.26:8A-4 ). rr. “ Gender identity or expression ” means having or being perceived as having a gender related identity or expression

whether or not stereotypically associated with a person's assigned sex at birth. ss. “ Civil Union ” means a legally recognized union of two eligible individuals established pursuant

to R.S.37:1-1 et seq. and P.L.2006, c. 103 ( C.37:1-28 et al.). tt. “ Premium wagespay ” means additional remuneration for night, weekend, or holiday work, or for standby

or irregular duty. uu. “ Premium benefit ” means an employment benefit, such as seniority, group life insurance, health insurance,

disability insurance, sick leave, annual leave, or an educational or pension benefit

that is greater than the employment benefit due the employee for an equivalent period

of work performed during the regular work schedule of the employee. vv. “ Race ” is inclusive of traits historically associated with race, including, but not limited

to, hair texture, hair types, and protective hairstyles. ww. “ Protective hairstyles ” includes, but is not limited to, such hairstyles as braids, locks, and twists. xx. “ Family member ” means a child, parent, parent-in-law, sibling, grandparent, grandchild, spouse,

partner in a civil union couple, domestic partner, or any other individual related

by blood to the person, and any other individual that the person shows to have a close

association with the person which is the equivalent of a family relationship. 1

N.J.S.A. § 55:14A 31 et seq. Repealed. See, now, N.J.S.A. § 40A:12A 1 et seq. 2

N.J.S.A. § 55:14C 1 et seq. Repealed. See, now, N.J.S.A. § 40A:12A 1 et seq. 3

N.J.S.A. § 55:14D 1 et seq. Repealed. See, now, N.J.S.A. § 40A:20 1 et seq. 4

N.J.S.A. § 55:14H 1 et seq. Repealed. 5

N.J.S.A. § 55:14A 1 et seq. Repealed. See, now, N.J.S.A. § 40A:12A 1 et seq. 6

N.J.S.A. § 55:14B 1 et seq. Repealed. See, now, N.J.S.A. § 40A:12A 1 et seq. 7

N.J.S.A. § 55:14E 1 et seq. Repealed. See, now, N.J.S.A. § 40A:20 1 et seq. 8

N.J.S.A. § 55:16 1 et seq. Repealed. See, now, N.J.S.A. § 40A:20 1 et seq.