NJLAD protected classes in employment
The New Jersey Law Against Discrimination (N.J.S.A. 10:5-12(a)) prohibits employment discrimination based on race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, disability, atypical hereditary cellular or blood trait, liability for service in the Armed Forces, nationality, and refusal to submit to a genetic test or make available genetic test results. The law applies to all New Jersey employers regardless of size. The New Jersey Division on Civil Rights enforces the NJLAD.
Source: N.J.S.A. 10:5-12(a)
Employer coverage — no minimum employee threshold
The NJLAD applies to all New Jersey employers regardless of size. N.J.S.A. 10:5-5(e) defines "employer" to include "all persons" unless specifically exempted, encompassing the State and all political subdivisions, public agencies, and private entities. There is no minimum employee count. This is broader than federal anti-discrimination statutes: Title VII, the ADA, and the ADEA require 15, 15, and 20 employees respectively. The sole exception under the NJLAD is that "employee" excludes individuals "employed in the domestic service of any person" (N.J.S.A. 10:5-5(f)).
Source: N.J.S.A. 10:5-5
Statute of limitations — two years for court claims, 180 days for DCR administrative claims
The New Jersey Law Against Discrimination provides two distinct filing pathways with different deadlines. An employee may file a lawsuit directly in New Jersey Superior Court or file an administrative complaint with the Division on Civil Rights (DCR); the choice of forum and timing requirements differ significantly.
Court claims — two-year statute of limitations. New Jersey courts apply the two-year statute of limitations set forth in N.J.S.A. 2A:14-2 for personal injury actions to NJLAD employment discrimination claims filed in Superior Court (Montells v. Haynes, 133 N.J. 282, 292 (1993)). The two-year period begins to run from the date of the adverse employment action—termination, demotion, denial of promotion, or other discrete discriminatory act. Direct access to court is available under the NJLAD; no administrative exhaustion or "right to sue" letter is required, distinguishing NJLAD from federal discrimination statutes (Title VII, ADA, ADEA) that require EEOC filing first.
DCR administrative claims — 180-day deadline. An employee may instead file a verified complaint with the Division on Civil Rights within 180 days of the alleged discriminatory act (N.J.S.A. 10:5-13). This deadline is substantially shorter than the court limitations period and is strictly enforced. If the DCR dismisses the complaint or issues a finding of no probable cause, the complainant has 90 days from the date of that dismissal to file a civil action in Superior Court (N.J.S.A. 10:5-13). Filing with the DCR does not toll the two-year court limitations period, so a complainant who delays until near the end of the 180-day DCR window may forfeit the option to file directly in court if the DCR investigation extends beyond two years from the discriminatory act.
Continuing violation doctrine. For hostile work environment claims premised on a series of related acts, New Jersey courts apply the continuing violation doctrine, which starts the limitations clock from the final act in the pattern of harassment, allowing recovery for the entire series if a timely act falls within the limitations period. The NJLAD text explicitly preserves this doctrine and the discovery rule "as those doctrines currently exist in New Jersey common law" (N.J.S.A. 10:5-12.7).
Prohibition on waivers and shortened limitations. N.J.S.A. 10:5-12.7 makes it an unlawful employment practice to require employees or prospective employees to consent to a shortened statute of limitations or to waive any protections of the NJLAD. Any such contractual provision is void and unenforceable.
Practitioners counseling employees on NJLAD claims should calendar both the 180-day DCR deadline and the two-year court deadline from the date of the discriminatory act, as the strategic choice of forum depends on remedy goals, timeline, and the client's tolerance for the administrative process.
Sources: N.J.S.A. 10:5-12.7 (continuing violation, discovery rule, waiver prohibition) N.J.S.A. 10:5-13 (DCR complaint procedures, 180-day and 90-day deadlines) Montells v. Haynes, 133 N.J. 282, 292 (1993) (two-year statute of limitations for NJLAD court claims) — Unable to confirm official court URL as of 2026-05-29.