NJ Law Protects Remote and Hybrid Workers from Discrimination

As remote and hybrid work arrangements become the norm, New Jersey’s Law Against Discrimination (NJLAD) offers robust protections for employees of New Jersey-based companies, no matter where the employee’s home office may be. Recent guidance issued by the New Jersey Division on Civil Rights (DCR) clarifies that the NJLAD’s reach covers a broad range of remote working scenarios.

The DCR confirmed, in a May 2024 guidance document, that employees working remotely outside New Jersey are covered by the NJLAD so long as their work is tied to an employer operating in the Garden State. Hybrid workers who split time between New Jersey and another state remain protected under the law, regardless of their location on a specific day. Remote workers who report to supervisors or HR representatives within New Jersey also fall under the statute’s protections, even if they live and work elsewhere. The law may even shield independent contractors and freelancers, provided their working relationship meets the NJLAD’s broad employment definitions.

The law prohibits all forms of unlawful discrimination for remote, hybrid and in-person workers alike. This includes: 

• Hostile work environments — Harassment that happens through email, chat or video calls is just as illegal as in-person harassment. 
• Disparate treatment — This might occur where remote workers receive lower pay, are denied promotions or are given less favorable assignments because of protected characteristics. 
• Disability discrimination — The obligation to reasonably accommodate disabilities applies in a remote setting, too. Employers must provide ergonomic equipment or flexible schedules if needed, unless it imposes undue hardship on the business.
• Retaliation — An employee cannot suffer adverse employment actions for reporting discrimination or assisting in an investigation, regardless of where the worker logs in from.

Employers might breach the NJLAD by allowing or engaging in discriminatory comments or conduct over virtual platforms, such as a Zoom chat. Providing remote staff with fewer opportunities for training or key assignments can also be discriminatory if it disproportionately affects protected groups. Surveillance or monitoring practices must not be biased or invasive in a manner targeting protected characteristics. 

If you’re a remote or hybrid worker and believe you are being discriminated against, take immediate action. Document all instances, including emails, chats and messages that show bias or unfair treatment. You have the right to report your concerns internally without fear of retaliation. For support, consult a New Jersey employment discrimination attorney experienced with remote and hybrid work issues.

The law firm of Deutsch Atkins & Kleinfeldt, P.C. in Hackensack helps employees of New Jersey companies enforce their rights and seek justice when violations occur. Call us at 551-245-8894 or contact us online to schedule a confidential attorney consultation.