Platkin, N.J. civil rights division issue guidance on when language discrimination violates state law
TRENTON, N.J. — Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights on Friday issued new guidance explaining how language discrimination can violate the New Jersey Law Against Discrimination when it is tied to protected characteristics such as national origin, ancestry, nationality, race, religion or disability.
The guidance outlines what language discrimination is, how it can run afoul of the state’s anti-discrimination law, and provides examples involving employment, housing and places open to the public, state officials said.
“One of New Jersey’s greatest strengths is our diversity. We take extremely seriously our obligation to ensure that no one in our state faces unlawful discrimination – and that includes unlawful discrimination based on the language they speak,” said Attorney General Matthew J. Platkin. “The guidance issued today is an important step towards ensuring that no one in New Jersey faces discrimination because of the language they speak, their accent, or their level of English fluency.”
“New Jerseyans from all over the world and those who are more proficient in languages other than English are entitled to the same protections as all of our residents,” said DCR Director Yolanda N. Melville. “Today, we’re issuing guidance that puts everyone on notice about their responsibility to eliminate language discrimination at work, at home, and in all places open to the public.”
State officials noted New Jersey’s diversity, saying nearly a quarter of residents are foreign-born. They also cited U.S. Census Bureau data showing almost one-third of New Jersey households speak a language other than English and about one million residents speak English “less than ‘very well.’”
According to the guidance, language can be closely tied to — and can help identify — an individual’s national origin, ancestry, nationality, race, religion or disability. The Law Against Discrimination prohibits both disparate treatment and disparate impact discrimination based on those and other protected characteristics in employment, housing and places of public accommodation.
Although language itself is not listed as a protected characteristic under the law, the guidance says language discrimination can violate the LAD when it constitutes discrimination tied to protected classes.
The document includes examples of conduct that may violate the law, officials said. A housing provider that rejected an Arabic-speaking applicant based on an assumption the applicant is Muslim could violate the LAD because religion is protected, the guidance states. Another example cited is a restaurant that charged patrons who speak languages other than English more than English-speaking patrons, which could violate the law through discrimination based on national origin.
The guidance also addresses harassment, stating employers, housing providers and public accommodations such as schools, businesses and government agencies are required to take reasonable action to eliminate bias-based harassment they know about or should have known about. An employer that fails to act after learning an employee used a derogatory term about another employee’s accent could violate the law, the guidance says.
The Division on Civil Rights, which enforces the LAD, said the guidance and a companion explainer video are available in multiple languages, including Arabic, Brazilian Portuguese, Chinese (Simplified and Traditional), English, Gujarati, Haitian Creole, Korean and Spanish.
