September 30, 2022

Volume XII, Number 273

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NJDCR Adopts New and Amended Regulations Regarding Required Workplace Posters

On August 1, 2022, the New Jersey Division on Civil Rights (DCR) adopted new and amended regulations concerning the “Display of Official Posters of the Division on Civil Rights,” which require employers, housing providers, and places of public accommodation to prominently display “in places easily visible” to those who would be affected by violations of these laws, posters created by DCR to inform individuals and covered entities of their rights and obligations under the New Jersey Law Against Discrimination (LAD) and Family Leave Act (NJFLA).

Along with the new and amended rules, the DCR issued an updated set of posters that all NJ employers, housing providers, healthcare providers and places of public accommodations are required to display, including a new employment poster and NJFLA poster.  Of importance, the new rules expressly allow employers with internet and intranet sites used by their employees to satisfy their display obligations by posting the LAD and NJFLA posters on those cites, in lieu of posting them in the physical worksite.

In addition to the two employment-related posters, the new posters include a housing property management poster, housing sales and rental poster, public accommodations poster, and “Know Your Rights” posters for pre-natal and post-natal facilities, mental health facilities, emergency and trauma facilities, long- and short-term care facilities, alternative treatment centers, and professionally licensed facilities, which include doctors’ and dentists’ offices, pharmacies, and more.  Covered health care facilities must now conspicuously display facility-specific “Know Your Rights” posters to ensure that patients, visitors, and staff know that they have the right to be free from discrimination in health care.

Of note, the DCR announced the launch of a “Know Your Civil Rights” social media campaign to encourage employers, businesses owners, and the public to post photos of the required posters when they see them being displayed, using the hashtag #CivilRightsNJ and tagging the Division’s Twitter and Facebook pages to raise awareness and educate the public of their rights under the LAD and NJFLA.

Employers should immediately replace their now outdated LAD and NJFLA posters with the new ones. Employers with online sites may wish to consider converting to virtual posting, with notice to their employees. Of note, however, the NJ Department of Labor and Workforce Development (NJDOL) has not yet adopted regulations expressly permitting virtual posting of NJDOL required posters in lieu of posting in the worksite.  For a list of notices NJ employers must post, see our January 2022 Insight here.

The new posters and FAQs can be found here.

You can read the regulations here.

©2022 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XII, Number 220
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About this Author

Maxine Neuhauser, EpsteinBeckerGreen, Life Science, Employment, Health Care
Member

MAXINE NEUHAUSER is a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, in the Newark office of Epstein Becker Green. Her practice focuses on litigation and providing strategic advice and counsel to regional, national, and international corporations, in multiple areas of law, including labor and employment, intellectual property and non-competes, and health. Ms. Neuhauser has represented clients in numerous, diverse industries, including financial services, aviation, managed care, life sciences, and retail. She also represents...

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