New Jersey has some of the strongest anti-discrimination statutes in the country. Businesses must comply with not only federal regulations but state rules as well.
People in New Jersey should not face discrimination through intentional actions, also known as disparate treatment. Employers, landlords and businesses should not consider people’s protected characteristics, such as their race, sex or religion, when deciding how to treat individuals. Organizations have an obligation to eliminate any practices or policies that lead to the disparate treatment of specific groups.
They must also carefully evaluate operational procedures, internal rules and policies to avoid disparate impact discrimination. New Jersey recently adopted new rules that specifically address disparate impact discrimination. People who may have experienced this often unintentional form of discrimination may now have grounds to take legal action to hold businesses accountable for the consequences of certain discriminatory policies.
Identifying disparate impact discrimination
Numerous federal and state statutes prohibit intentional discrimination and also practices that lead to discrimination without malicious intent. When seemingly neutral practices have a more significant negative impact on one group of people as opposed to other demographics, those practices may technically constitute discrimination.
For example, the culturally biased tests required to secure enrollment in school or an employment opportunity might disproportionately impact certain groups of people when looking at the big picture statistics regarding who secures opportunities. Numerous policies, ranging from rules against hiring those with criminal convictions to minimum credit score requirements, could lead to claims of disparate impact discrimination.
Especially in cases where these policies do not have a basis in actual need, those impacted by these policies may have grounds to take legal action. Disparate impact discrimination may not be intentional, but it may still deny people fair access to housing, employment and educational opportunities. Those who believe they have experienced a violation of their civil rights may need assistance learning about the law and taking appropriate steps to assert themselves.
The assistance of an attorney may prove invaluable for those who have experienced disparate impact discrimination in housing, employment or educational matters. Documenting the policies or practices that seem discriminatory and then reviewing them with an attorney can help people take appropriate legal action under New Jersey’s expanding civil rights statutes.
