S 1631 changesProhibits discrimination on basis of height or weight under "Law Against Discrimination."

What changed

+8628 / −122 words · LargeConfidence: high

This bill comprehensively adds height and weight as protected characteristics throughout New Jersey's Law Against Discrimination, extending anti-discrimination protections to employment, housing, public accommodations, credit and lending, real estate services, and business transactions. The legislation includes a new preamble establishing that discrimination causes personal hardships including economic loss and emotional trauma, declares legislative intent for liberal construction with compensatory and punitive damages available to all protected persons, and defines exceptions permitting height or weight restrictions only when they constitute bona fide occupational qualifications or safety requirements. The bill also adds anti-retaliation provisions protecting those who oppose discriminatory practices or participate in proceedings, prohibits municipalities from using land use powers discriminatorily based on height or weight, and establishes enforcement through Superior Court actions.

Change log

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  Adds height and weight to protected characteristics in real estate services provision

  This section prohibits multiple listing services, real estate brokers' organizations, and related facilities from discriminating in access, membership, or participation based on specified characteristics. The amendment adds "height or weight of any individual" to the existing list of protected characteristics, which already includes race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, familial status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability, liability for Armed Forces service, and nationality.

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  Adds height and weight as protected characteristics in equal compensation provisions

  This section establishes that employers may only pay different compensation rates if they demonstrate specific conditions are met, including that the differential is based on legitimate factors like training or experience, not on protected characteristics. The definition of "protected class" is expanded to include height and weight alongside existing characteristics such as race, sex, age, disability, and others. Employers must show that compensation differentials are not based on or perpetuating discrimination against any protected characteristic, are applied reasonably, and are based on legitimate business necessity.

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  Adds height and weight to protected classes in land use and housing regulation; establishes enforcement mechanism

  This section prohibits municipalities, counties, and other local government entities in New Jersey from using their land use or housing regulatory powers in ways that discriminate based on height or weight, in addition to existing protected categories like race, creed, color, national origin, ancestry, marital status, familial status, sex, gender identity or expression, military service liability, nationality, and disability. Enforcement is limited to Superior Court actions under specified statutory provisions, except for housing discrimination claims involving government-owned or managed properties, which may be pursued through other means. The act takes effect immediately upon passage.

• PREAMBLE

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  Replaces committee statement with formal bill header, sponsors, and substantive legislative findings

  The preamble transitions from a committee report format to the formal bill structure. The BEFORE version was a committee statement dated February 5, 2026, explaining the bill's purpose and background. The AFTER version contains standard legislative formatting including sponsor information (Senators Zwicker and McKnight from Districts 16 and 31), a synopsis, and the full legislative findings declaring that discrimination based on height or weight threatens inhabitants' rights and the foundation of a free democratic state. The legislative findings also declare opposition to such discrimination when directed against persons based on protected characteristics of their family members, partners, employees, business associates, and customers.

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  Technical/conforming change

  This section contains extensive anti-discrimination provisions for employers, including prohibitions on reprisals for wage discussions and requirements for pregnancy/breastfeeding accommodations. The only textual change is replacing the article 'a' with 'an' before 'employee breast feeding,' which is a minor grammatical correction with no substantive effect.

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  Adds height and weight as protected characteristics in business transaction discrimination prohibitions

  This section expands New Jersey's Law Against Discrimination to prohibit refusing to conduct business transactions (buying, selling, leasing, contracting, licensing, or trading) based on a person's height or weight. The prohibition applies both to direct discrimination in business dealings and to provisions in letters of credit or contracts requiring such discrimination or certification of non-dealing with individuals based on height or weight. These protections mirror existing prohibitions for other protected characteristics like race, sex, age, and disability.

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  Adds workplace religious accommodation requirements and gender identity dress code protections

  This section adds two new employer obligations. First, employers must allow employees to dress and groom consistent with their gender identity or expression, while maintaining the ability to enforce reasonable workplace appearance standards not otherwise prohibited by law. Second, employers must reasonably accommodate employees' sincerely held religious practices, including Sabbath observance, unless doing so creates undue hardship; employees working such accommodated hours are not entitled to premium wages that would normally apply to those hours, though seniority and collectively bargained benefits remain unaffected.

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  Adds religious accommodation requirements for employers regarding Sabbath observance

  This section establishes that employees cannot be required to work on days they observe as their Sabbath or religious holy days, unless it would cause the employer an undue hardship. Employees must make up the missed time when practicable or use paid leave (excluding sick leave), and absences not made up may be treated as unpaid leave. The provision defines "undue hardship" as accommodation requiring unreasonable expense or difficulty, interference with workplace operations, or violation of seniority systems or collective bargaining agreements, and lists specific factors employers must consider when determining undue hardship.

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  Adds pregnancy accommodation and equal pay protections to discrimination law

  This section establishes workplace accommodation requirements for employees affected by pregnancy or breastfeeding, requiring employers to provide accommodations similar to those for other employees with comparable work limitations. Employers cannot penalize employees for requesting such accommodations. The section also prohibits employers from paying protected class members less than non-protected class members for substantially similar work based on skill, effort, and responsibility, and bars employers from reducing any employee's compensation to achieve compliance.

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  Adds preamble declaring legislative findings on discrimination harms and intent for liberal construction with damages availability

  This new preamble section declares legislative findings that discrimination causes personal hardships including economic loss, emotional stress, trauma, homelessness, and career disruption, particularly impacting protected persons. The Legislature states these harms have historically given rise to common law remedies including compensatory and punitive damages. The Legislature expresses intent that such damages be available to all persons protected by the act and that the act be liberally construed in combination with other state law protections.

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  Adds height and weight as protected characteristics under New Jersey's Law Against Discrimination

  This section expands the Division on Civil Rights' jurisdiction to include discrimination based on height or weight. The division is now authorized to prevent and eliminate discrimination on these bases by employers, labor organizations, employment agencies, and others, alongside existing protected characteristics like race, creed, color, national origin, age, sex, and disability. The Attorney General's powers are similarly expanded to include receiving and investigating complaints alleging height or weight discrimination.

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  Technical/conforming change

  This section adds boilerplate language describing the Attorney General's powers regarding the Division on Civil Rights, including appointment authority, rulemaking, investigations, and subpoena powers. The text appears to be standard administrative language defining organizational structure and enforcement mechanisms.

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  Adds height and weight protections to lending and credit discrimination prohibitions

  This section prohibits lenders, banks, mortgage companies, insurance companies, and other financial institutions from discriminating based on height or weight when making, purchasing, or servicing loans and extensions of credit. The prohibition applies to all aspects of lending including granting, withholding, extending, modifying, renewing loans, and setting rates, terms, and conditions. Financial institutions are also barred from using application forms or making inquiries that express limitations or discrimination based on height or weight, unless otherwise required by law or regulation.

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  Adds height or weight as protected characteristics in blockbusting prohibition

  This section expands the existing prohibition against blockbusting (inducing property transactions by representing demographic changes) to include height or weight. Real estate brokers and related parties are now prohibited from representing that changes in the height or weight of owners or occupants in an area will occur and result in undesirable consequences like lower property values or increased crime. This change places height and weight on equal footing with existing protected characteristics such as race, creed, color, national origin, and disability.

• PREAMBLE >cont.

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  Adds height and weight as protected classes in anti-discrimination publications, housing enforcement, and reporting provisions

  This section extends New Jersey's Law Against Discrimination to include height and weight as protected categories. The Division on Civil Rights must now include height and weight in its publications and research on eliminating discrimination. The division is also authorized to enforce anti-discrimination laws in housing based on height or weight, alongside existing protected classes like race, color, religion, national origin, and disability.

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  Adds height and weight to anti-discrimination categories for local civil rights commissions

  This section authorizes municipalities to appoint local civil rights commissions to promote cooperation among community groups. The commissions may recommend policies and educational programs to eliminate discrimination. The bill adds height and weight to the existing list of protected categories (race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender identity or expression, familial status, disability, nationality, and sex) that these commissions address.

• PREAMBLE >cont.

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  Adds height and weight as protected characteristics under employment discrimination law

  This section prohibits employers from discriminating against individuals based on height or weight, adding these characteristics to the existing list of protected categories under New Jersey's Law Against Discrimination. The prohibition includes an exception allowing height or weight restrictions when they constitute a bona fide occupational qualification. The section also maintains existing protections and exceptions for characteristics such as race, creed, color, national origin, age, sex, disability, and others.

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  addedlow confidence

  Technical/conforming change

  This appears to be a continuation of existing text from New Jersey's Law Against Discrimination defining unlawful employment practices, bona fide executives, and statutes of limitations for compensation discrimination claims. The text establishes rules for when unlawful employment practices occur, back pay liability periods, and prohibitions on waiving discrimination protections. Without the preceding context or accompanying changes, this represents statutory language being carried forward.

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  Prohibits discrimination based on height or weight in labor organization membership and employment practices

  This section adds height and weight to the list of protected characteristics under New Jersey's Law Against Discrimination. Labor organizations are prohibited from excluding or expelling members based on height or weight, and employers and employment agencies cannot print materials or make inquiries that discriminate based on these characteristics. The prohibition includes an exception when height or weight is a bona fide occupational qualification reasonably necessary for the position.

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  Adds anti-retaliation and aiding-and-abetting provisions

  This section adds new protections against retaliation for persons who oppose discriminatory practices, seek legal advice, share information with counsel or government entities, file complaints, or participate in proceedings under this act. It also prohibits coercion, intimidation, or interference with persons exercising rights under the act or helping others do so. Additionally, it prohibits any person from aiding, abetting, inciting, compelling, or coercing violations of the act.

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  Adds height and weight as protected classes in public accommodation anti-discrimination provisions

  This section expands New Jersey's Law Against Discrimination to prohibit public accommodations from refusing service or denying facilities to individuals based on their height or weight. The provision also bars public accommodations from publishing communications stating that patronage is unwelcome based on height or weight. These protections are added alongside existing protected classes including race, creed, color, national origin, sex, disability, and other enumerated categories.

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  Adds height and weight as protected classes in public accommodations with safety exception

  This section adds height and weight as protected characteristics under New Jersey's anti-discrimination law for public accommodations. Owners and operators of public accommodations may not discriminate based on height or weight, except when denying access for bona fide safety reasons. Private clubs and associations that have accepted an individual as a member cannot discriminate against that member based on height or weight, with violations subject to standard penalties and potential alcoholic beverage license sanctions for licensed establishments.

• PREAMBLE >cont.

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  Adds height and weight as protected classes in housing discrimination prohibitions

  This section prohibits discrimination in real property transactions (sales, rentals, leases) based on height or weight of any individual. The protection extends to refusing transactions, discriminating in terms and conditions, and publishing discriminatory statements or advertisements. Height and weight are added alongside existing protected classes including race, creed, color, national origin, sex, disability, and other categories.

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  Adds prohibition against discrimination based on height or weight in housing

  This section prohibits discriminatory statements, advertisements, or inquiries in housing transactions based on height or weight, adding these characteristics to existing protected categories including armed forces status, nationality, lawful income source, and sex. The provision maintains an exception allowing sex-based restrictions for single-sex residential facilities when based on gender identity or expression. The section also reiterates prohibitions against discrimination based on lawful income sources and family status (presence of children under 18), with an exception for housing designated for older persons.

• PREAMBLE >cont.

  addedhigh confidence

  Adds height and weight as protected characteristics in real property transactions

  This section prohibits discrimination based on height or weight in real property transactions, including sales, rentals, leases, assignments, and subleases. The prohibition applies to refusals to transact, misrepresentations about property availability, discriminatory terms or conditions, and discriminatory advertising or statements. These protections for height and weight are added alongside existing protections for race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, familial status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability, liability for Armed Forces service, nationality, and source of lawful income.

• PREAMBLE >cont.

  addedhigh confidence

  Adds height and weight to protected categories in real property discrimination provisions

  This section prohibits discrimination based on height or weight in real property transactions, including sales, rentals, leases, and subleases. The prohibition extends to statements, advertisements, publications, signs, applications, records, and inquiries that express limitations or discrimination based on height or weight. The section also addresses discrimination based on source of lawful income and familial status involving children under 18.