New Posters Required to Be Displayed by New Jersey Employers

By: Lewis Brisbois' Labor & Employment Team

On the heels of the adoption by the New Jersey Division on Civil Rights (DCR) of a new “Know Your Civil Rights” campaign, the DCR has issued new and updated rules and regulations to raise public awareness about civil rights under the New Jersey Law Against Discrimination (LAD) and Family Leave Act (FLA). The new regulations, which took effect on August 1, 2022, update the DCR’s requirements for the posters that covered entities – i.e. employers, businesses, places of public accommodation, and housing providers – are required to conspicuously display. 

The posters are available for online download on the DCR’s website. According to DCR Deputy Director Rosemary DiSavino, the goal is to require posters in places where “many people still face discrimination” to help the public understand their LAD and FLA rights. Their hope is that the new posters empower people to report wrongdoing.

Also included in the update is the addition of more industry-specific posters. Healthcare facilities will now be required to have a set of new “Know Your Rights” posters on display. The “Know Your Rights” posters must be prominently displayed in places easily accessible to patients and potential patients, including public waiting rooms and entry/exit doors. Notably, the scope of healthcare facilities is broad, now applying to professionally licensed facilities such as doctors’ and dentists’ offices and pharmacies, in addition to long- and short-term care facilities, including facilities for pre- and postnatal care, mental health, emergency and trauma, and alternative treatment. 

The poster requirements also now extend to a wider reach of individuals in the housing industry. The rules previously applied solely to real estate brokers and those engaged in rentals and sales, but now property management companies, landlords, and cooperative and condominium associations are subject to the poster display requirements. 

Additionally, the updated poster requirements permit covered entities to satisfy the conspicuous display requirements by posting on their internet or intranet site in lieu of physical posters in the workplace. Property management companies may fulfill this requirement by posting on resident posting websites connected to the buildings they manage. The addition of online posting was designed to address the current remote working landscape and alleviate concerns that remote workers may not know their rights in a virtual workplace. 

In addition to the online poster download option, the DCR will have printed posters available in its four regional offices for pickup. The posters, which can be found here, are currently only available in English, but the DCR is preparing to disseminate versions in a variety of other languages soon. Employers, businesses, and places of public accommodation should be prepared to replace their old LAD and FLA posters with the new ones immediately. Healthcare facilities should be mindful of the newly required “Know Your Rights” posters and take steps to place them in required areas.

The attorneys in Lewis Brisbois’ New Jersey employment group are available to assist with compliance. For more information, contact the author of this post. You can also subscribe to this blog to receive email alerts when new posts go up.

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