NJ Companies’ Out-of-State Employees Are Protected by the LAD

The New Jersey Law Against Discrimination (LAD) is among the nation’s strongest laws prohibiting workplace discrimination based on race, gender, age, disability, sexual orientation and other personal characteristics. The New Jersey Attorney General’s Division on Civil Rights (DCR) has recently clarified that the LAD’s protections extend to employees who reside and work remotely outside of New Jersey if their employer has significant operations within the state. 

In its recent guidance memorandum, the DCR emphasizes that remote workers are entitled to the same protections as those working physically in New Jersey. Discrimination claims may be brought by out-of-state employees who are denied opportunities, subjected to harassment or penalized in ways that violate the LAD. These may include adverse actions in hiring, firing, promotion, salary decisions and benefits determinations.

For the DCR to enforce the LAD’s protections, the employer’s New Jersey operations must have a sufficient nexus to the out-of-state employee’s work. If the company’s headquarters, decision-makers or operations that affect the employee’s job are based in New Jersey, the DCR will likely assert jurisdiction. The employer’s actual control and supervision exercised from New Jersey is the critical criterion.

The DCR’s memo stresses that employers cannot evade New Jersey’s anti-discrimination laws by having employees work from another state. Even if an employee works remotely, their relationship to a New Jersey employer subjects the employer to LAD compliance. Furthermore, employees cannot be penalized or treated differently because of their state of residency.

If you are a remote worker for a New Jersey employer and believe you are facing discrimination, the first step is to gather evidence of the discriminatory conduct. This includes documenting any unfavorable treatment, pay disparities or hostile work environment incidents compared to your in-state colleagues.

You can file a complaint with the DCR through the agency’s online portal. After you file, the DCR will investigate the complaint, determine if there is evidence of discrimination and take enforcement measures. The LAD also allows victims to file a lawsuit for damages, including back and front pay and emotional distress. 

Out-of-state remote employees seeking protection of their rights under New Jersey’s LAD should obtain advice from an experienced New Jersey employment discrimination attorney. If you prevail in your discrimination claim, your employer must reimburse you for the attorneys’ fees you expend.

At Deutsch Atkins & Kleinfeldt, P.C. in Hackensack, New Jersey, we have the experience and resources to take on claims of discrimination by individuals from all protected classes and against employers of all sizes. To schedule your confidential consultation, call 551-245-8894 or contact us online.