A recent decision by New Jersey's Appellate Court substantially broadens the scope of the state's Law Against Discrimination (LAD) to permit any employee who is subjected to any discriminatory comments, even if the comments do not relate to that individual's actual protected characteristics, to assert a hostile work environment claim.
The LAD prohibits employers from discriminating on the basis of race, religion, creed, color, ancestry, national origin, sex, age, marital status, domestic partner or civil union status, actual or perceived disability, pregnancy, sexual orientation, gender identity or expression, atypical cellular or blood trait, genetic information, veteran status, liability for service in the Armed Forces of the United States, perceived inclusion in any of the aforementioned protected categories, or the fact that an employee engages in legally protected conduct.
The court decision also provides guidance confirming the steps that an employer can take to avoid liability.
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