NJDCR Adopts New and Amended Regulations Regarding Required Workplace Posters

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On August 1, 2022, the New Jersey Division on Civil Rights (DCR) adopted new and amended regulations concerning the “Display of Official Posters of the Division on Civil Rights,” which require employers, housing providers, and places of public accommodation to prominently display “in places easily visible” to those who would be affected by violations of these laws, posters created by DCR to inform individuals and covered entities of their rights and obligations under the New Jersey Law Against Discrimination (LAD) and Family Leave Act (NJFLA).

Along with the new and amended rules, the DCR issued an updated set of posters that all NJ employers, housing providers, healthcare providers and places of public accommodations are required to display, including a new employment poster and NJFLA poster.  Of importance, the new rules expressly allow employers with internet and intranet sites used by their employees to satisfy their display obligations by posting the LAD and NJFLA posters on those cites, in lieu of posting them in the physical worksite.

In addition to the two employment-related posters, the new posters include a housing property management poster, housing sales and rental poster, public accommodations poster, and “Know Your Rights” posters for pre-natal and post-natal facilities, mental health facilities, emergency and trauma facilities, long- and short-term care facilities, alternative treatment centers, and professionally licensed facilities, which include doctors’ and dentists’ offices, pharmacies, and more.  Covered health care facilities must now conspicuously display facility-specific “Know Your Rights” posters to ensure that patients, visitors, and staff know that they have the right to be free from discrimination in health care.

Of note, the DCR announced the launch of a “Know Your Civil Rights” social media campaign to encourage employers, businesses owners, and the public to post photos of the required posters when they see them being displayed, using the hashtag #CivilRightsNJ and tagging the Division’s Twitter and Facebook pages to raise awareness and educate the public of their rights under the LAD and NJFLA.

Employers should immediately replace their now outdated LAD and NJFLA posters with the new ones. Employers with online sites may wish to consider converting to virtual posting, with notice to their employees. Of note, however, the NJ Department of Labor and Workforce Development (NJDOL) has not yet adopted regulations expressly permitting virtual posting of NJDOL required posters in lieu of posting in the worksite.  For a list of notices NJ employers must post, see our January 2022 Insight here.

The new posters and FAQs can be found here.

You can read the regulations here.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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