New Jersey civil rights division updates procedures to streamline discrimination cases
TRENTON, N.J. — New Jersey’s Division on Civil Rights has re-adopted its rules of practice and procedure, with amendments aimed at more efficiently enforcing the state’s anti-discrimination and family leave laws, officials announced.
The revised regulations, which took effect Jan. 5, 2026, govern how the division enforces the Law Against Discrimination and the New Jersey Family Leave Act. The changes were published in the New Jersey Register the same day.
The Division on Civil Rights has maintained formal rules governing its processes since 1969. The most recent amendments prior to this update were adopted in 2020, when the agency implemented its New Jersey Bias Investigation Access System, known as NJBIAS.
State officials said the latest revisions follow a significant increase in complaints. In 2023, the division received more than 1,000 verified complaints, more than two and a half times the number received in 2020. The increase prompted a comprehensive review of agency practices and procedures.
According to the division, the amendments reflect and codify practices already in use to better allocate investigative and litigation resources while providing clearer guidance for individuals and entities involved in the complaint process.
Among the changes, the updated rules establish procedures for investigations and complaints initiated by the attorney general or the division’s director. The amendments also clarify that the director may continue a case in the public interest even if the person who filed the complaint withdraws it.
The revised regulations specify that verified complaints, motions, extension requests and other filings must be submitted electronically through NJBIAS, with the division providing assistance and accommodations as needed. The rules also formally require respondents to preserve relevant documents and information once they are notified that a complaint has been filed.
Other changes clarify the director’s authority to seek enforcement of investigative demands or subpoenas in Superior Court and to pursue costs and penalties for noncompliance. The amendments also codify existing practice regarding administrative dismissals, stating that a dismissal based on a lack of likelihood of success or public interest considerations is not a finding on the merits of the underlying claim.
In such cases, the division will notify complainants that they may still pursue their claims in Superior Court.
The updated rules are codified at N.J.A.C. 13:4 and are intended to provide clearer, more efficient procedures for addressing discrimination complaints statewide.
