Codifies protections in Law Against Discrimination for persons suffering discrimination on grounds of disparate impact.
Impact
The introduction of A2924 signals a significant strengthening of New Jersey's anti-discrimination laws. By enshrining the principle of disparate impact into legislation, the bill aims to provide clearer legal avenues for individuals who may otherwise find it challenging to prove discrimination under the existing framework. This could lead to an uptick in claims filed under the LAD as more individuals may see the opportunity to seek redress for policies that negatively affect them because of their race, gender, disability, or other protected characteristics.
Summary
Assembly Bill A2924 seeks to amend the New Jersey Law Against Discrimination (LAD) to formally codify protections for individuals experiencing discrimination based on 'disparate impact.' This term refers to policies or practices that may appear neutral on the surface but disproportionately disadvantage members of protected classes. The bill reiterates the state's commitment to ensuring that such practices cannot exist, thereby broadening the scope of discrimination protections within existing law.
Contention
While A2924 has garnered support from various advocacy groups aiming to protect civil rights, there could be contention as opponents may raise concerns about the implications this broader definition of discrimination could have for business practices. Critics may argue that implementing such expansive definitions might lead to increased litigation against businesses, especially in employment contexts where policies could unintentionally lead to claims of disparate impact. Therefore, the bill states the intention for it to be liberally construed alongside other available legal protections to address these concerns.