NJ Clarifies Civil Rights Protections for Out-of-State Remote Workers

  • New Jersey AG Matthew Platkin and his office’s Division on Civil Rights issued Guidance on Discrimination and Out-of-State Remote Workers, clarifying that the protections of the state’s Law Against Discrimination (LAD)—which prohibits employers from discriminating on the basis of actual or perceived sexual orientation, gender, gender identity, gender expression, age, race, color, national origin, ancestry, religion, disability, and other protected characteristics—extends to remote employees of New Jersey companies who reside and work outside of New Jersey.
  • The Guidance explains that AG Platkin’s interpretation of the LAD is supported by the broad wording of the substantive provisions of the LAD—which protect the right of “all persons” to employment without discrimination, and prohibit employers from engaging in discriminatory employment actions because of a protected characteristic “of any individual”—and legal precedent.
  • The Guidance also cautions that while the LAD “does not necessarily extend to individuals who work for an employer based” in a state other than New Jersey, federal laws and the laws of other states may also offer employment-based protections against discrimination.