Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) have released new guidance detailing how language discrimination can violate the New Jersey Law Against Discrimination (LAD) when it is connected to protected characteristics such as national origin, ancestry, nationality, race, religion, or disability.
New Jersey is recognized for its ethnic and racial diversity. Nearly a quarter of its residents are foreign-born, and almost one-third of households speak a language other than English. About one million residents report speaking English less than “very well,” according to U.S. Census Bureau data.
The guidance clarifies what constitutes language discrimination and explains how it may breach the LAD in areas like employment, housing, and public accommodations. It includes examples to illustrate these points.
“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 disparate treatment and policies or practices that result in different treatment based on protected characteristics. For example, if a housing provider rejects an Arabic-speaking applicant due to assumptions about their religion, this could violate the LAD since religion is a protected characteristic under state law. Similarly, treating patrons differently at a restaurant based on whether they speak English could also be considered discriminatory based on national origin.
Employers, housing providers, schools, businesses, and government agencies must act reasonably to address bias-based harassment if they know or should know about it. An employer who fails to intervene when aware of derogatory remarks about an employee’s accent may be violating the LAD.
As explained by DCR—the agency responsible for enforcing the LAD—language can often reveal someone’s national origin or other protected status. The agency aims to make its services accessible regardless of language spoken or immigration status. The new guidance and an explainer video are available in several languages including Arabic, Brazilian Portuguese, Chinese (Simplified and Traditional), English, Gujarati, Haitian Creole, Korean, and Spanish.
DCR works statewide to prevent discrimination and bias-based harassment across employment settings, housing markets, and public accommodations. The division enforces laws such as the LAD along with others like the New Jersey Family Leave Act.
For more information about legal support services provided by Attorney General Matthew Platkin’s office—including enforcement responsibilities throughout New Jersey—visit https://www.njoag.gov/. The office also provides oversight across counties and municipalities while focusing on justice initiatives such as consumer protection and victim advocacy efforts through its main online portal: https://www.njoag.gov/.
