- Of Counsel
The New Jersey Law Against Discrimination ( LAD) was enacted originally in 1945 and has been amended many times to provide more and stronger protections for the inhabitants of New Jersey. Although the LAD is widely thought of as an employment discrimination law, the statute protects the citizens of New Jersey in a much broader context. All persons shall have the opportunity to obtain employment, and to obtain all the accommodations, advantages, facilities, and privileges of any place of public accommodation, publicly assisted housing accommodation, and other real property without discrimination because of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, or sex, subject only to conditions and limitations applicable alike to all persons. This opportunity is recognized as and declared to be a civil right.
N.J.S.A. 10:5-4. This means that, if you were harassed or discriminated against at a gas station, bowling alley, hospital, the daycare center, or any of the thousands of other places of public accommodation that we all come into contact with throughout the course of our lives, you may have a legal claim that we can help you with.
The LAD defines the term “place of public accommodation” to include, but not be limited to, taverns, hotels, camps, retail stores, restaurants, garages, seashore accommodations, auditoriums, skating rinks, swimming pools, hospitals, clinics, libraries, preschools, primary or secondary schools, colleges and universities. According to the statute, “It shall be unlawful discrimination . . . [f]or any owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation directly or indirectly to refuse, withhold from or deny to any person any of the accommodations, advantages, facilities or privileges thereof, or to discriminate against any person in the furnishing thereof, . . . on account of” a person’s protected status, such as race, national origin, marital status, sex, sexual orientation, disability or age. Thus, if you have been harassed at or denied access to a place of public accommodation because of some protected status, you may have a claim under LAD.
An example of a discrimination case in a public accommodations setting is D.B. v. Bloom, 896 F. Supp. 166 (D.N.J. 1995). In D.B. v. Bloom, plaintiff brought an action against a dentist and dental office under the Americans with Disabilities Act (ADA) and the LAD, alleging that he was denied service after the dentist discovered that he was HIV positive. Citing N.J.S.A. 10:5-12 (f), the court found that plaintiff was handicapped, that the dental clinic was a place of public accommodation, and that plaintiff was denied services and equal treatment by defendants by virtue of his disability in violation of LAD. The court further found that the defendants “willfully and intentionally disregarded D.B.’s rights, which justifies the award of punitive damages for the purpose of deterring future similar egregious conduct.” Id. at 171.
It was great to see the girls running and the community cheering them on. The bi-annual 5K race is a celebration of the participants completing the Girls on the Run curriculum, a life-changing program for 3rd through 8th grade girls that focuses on self-confidence, healthy relationships and feeling good about themselves. MG&P has sponsored Girls on the Run of Central New Jersey for many years and are so pleased to be able to sponsor them again this Spring. Nicole M. Sciotto, Esq.
On June 23, 2022, Mason, Griffin & Pierson, PC, Director, Edwin W. Schmierer, Esq., moderated a panel discussion presented by Affordable Housing Professionals of New Jersey (AHPNJ) concerning the status of affordable housing delivery for the Third Round and preparation for the Fourth Round which commences July 1, 2025. Mr. Schmierer is the President of AHPNJ. The panelists included a representative from the Fair Share Housing Center, former Executive Director of the New Jersey Housing and Mortgage Finance Agency, the Chief of Multifamily Program for NJHMFA and a professional planner who has served as a Special Court Master in 40 plus municipalities for the implementation of Third Round Affordable Housing Plans. Mr. Schmierer chairs the firm's Government Practice Group which represents over 30 municipal governing bodies, land use board and affordable housing committees throughout the State of New Jersey.