Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) have released new guidance clarifying how language discrimination may violate the New Jersey Law Against Discrimination (LAD). The guidance explains that when language discrimination is connected to protected characteristics such as national origin, ancestry, nationality, race, religion, or disability, it can constitute a violation of state law.
New Jersey has a diverse population, with nearly one in four residents born outside the United States. Census data indicates that almost one-third of households in the state speak a language other than English at home. Approximately one million residents report speaking English less than “very well.”
The guidance details what constitutes language discrimination and provides examples related to employment, housing, and public accommodations. It aims to help both individuals understand their rights and covered entities recognize their responsibilities under the LAD.
“One of New Jersey’s greatest strengths is our diversity. We take extremely seriously our obligation to ensure that no one in our state faces unlawful discrimination – and that includes unlawful discrimination based on the language they speak,” said Attorney General Matthew J. Platkin. “The guidance issued today is an important step towards ensuring that no one in New Jersey faces discrimination because of the language they speak, their accent, or their level of English fluency.”
“New Jerseyans from all over the world and those who are more proficient in languages other than English are entitled to the same protections as all of our residents,” said DCR Director Yolanda N. Melville. “Today, we’re issuing guidance that puts everyone on notice about their responsibility to eliminate language discrimination at work, at home, and in all places open to the public.”
The LAD prohibits both direct discriminatory actions and policies or practices that treat people differently based on protected characteristics in workplaces, housing settings, or places open to the public such as schools or businesses. For example, if a landlord rejects an Arabic-speaking applicant due to assumptions about religion or if a restaurant treats non-English-speaking patrons differently from others based on national origin assumptions, these actions could be violations.
Employers and service providers must also act against bias-based harassment if they know about it or should have known about it—for instance by addressing derogatory comments made about someone’s accent.
As part of its role enforcing these laws statewide—encompassing legal support and consumer protection—the DCR states it is committed to making services accessible regardless of language spoken or immigration status. The agency has published its new materials—including videos—in several languages: Arabic, Brazilian Portuguese, Chinese (Simplified), Chinese (Traditional), English, Gujarati, Haitian Creole, Korean, and Spanish.
The DCR enforces not only the LAD but also other statutes such as the New Jersey Family Leave Act and Fair Chance in Housing Act.
More information about filing complaints or learning about civil rights protections can be found through resources provided by the Office of the Attorney General. The office oversees legal enforcement across all counties within New Jersey—upholding laws intended to protect residents’ rights statewide—and offers various services including legal representation for state agencies and oversight for law enforcement activities (source).
