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The New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) applies to employers of every size — one of the broadest coverage rules in the country against a federal ADA threshold of 15. “Disability” is defined broadly to include any physical or mental disability, infirmity, malformation or disfigurement, whether or not it limits a major life activity, and includes perceived disabilities.
Since January 21, 2014, N.J.S.A. 10:5-12(s) has separately required accommodation of pregnancy, childbirth, related medical conditions and recovery, including breastfeeding, at every employer size.
Employers must provide reasonable accommodations to qualified employees and applicants with disabilities unless doing so would impose an undue hardship. Examples include modified schedules, accessible facilities, assistive technology, job restructuring, and leave; New Jersey courts have held that leave beyond a statutory entitlement can be a required accommodation.
For pregnancy and breastfeeding, the statute lists accommodations including:
An employer may not treat an employee affected by pregnancy less favorably than others similar in ability, and may not penalize an employee for requesting or using an accommodation.
For pregnancy accommodations, the statute conditions the duty on the employee’s request being based on the advice of her physician; employers may ask that a request be supported accordingly, but should not demand more than what confirms the need. For disability accommodations, documentation should be limited to confirming the condition and the need, and kept confidential. The Division on Civil Rights treats the interactive process as required, and failing to engage in good faith is itself evidence of a violation.
Automated decision-making. On January 9, 2025, the Attorney General and Division on Civil Rights issued guidance confirming that the LAD applies to algorithmic discrimination.
An employer is liable where an automated tool produces a discriminatory outcome, including where it impedes a reasonable accommodation for a disability, regardless of intent and regardless of whether a third-party vendor built the tool. New Jersey Family Leave Insurance and earned sick leave run alongside accommodation duties.
Complaints are filed with the Division on Civil Rights within 180 days, or a civil action may be brought directly within two years. There is no cap on compensatory damages, punitive damages are available for especially egregious conduct, and prevailing employees recover attorney fees. New Jersey does not require exhaustion of the administrative process before suing.
Managing accommodation requests under the New Jersey Law Against Discrimination can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.
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This guide is provided for general informational purposes only and does not constitute legal advice. Employment laws change frequently and vary by jurisdiction. Consult qualified employment counsel before acting on any information here. Last reviewed: September 2026.
