On August 1, 2022, the New Jersey Division on Civil Rights (DCR) adopted new and amended regulations around the “Display of Official Posters of the Division on Civil Rights.” New Jersey employers, housing providers and places of public accommodation are required to display posters to inform individuals and covered entities of their rights and obligations under the New Jersey Law Against Discrimination (LAD) and New Jersey Family Leave Act (NJFLA). The DCR has now released the revised posters that will need to be utilized to satisfy the requirements under the LAD. Additionally, employers with 30 or more employees who are covered by the NJFLA, will also need to replace their current NJFLA poster with the revised version. The revised posters must be prominently displayed in places easily visible to those who would be impacted by violations under the laws. Covered employers will also need to distribute the posters annually to employees on or before December 31 and upon an employee’s first request. Prior versions of the posters can no longer be used and should be removed and replaced with the revised versions.
The posters must be printed on 8 ½” x 11” paper and be fully legible with font that is large enough to be easily read. Instead of physical postings, the amended regulations allow for employers to publish the posters electronically on an internet or intranet site where the employer customarily displays notices to employees, so long as the site is easily accessible and frequented by all employees. Posting the notice electronically does not necessarily eliminate the employer’s obligation to distribute copies of the posting annually and upon request. Employers can distribute the poster via email, with printed materials, i.e., paycheck inserts, new hire guides or with an amended employee manual, or via internet or intranet website. Similar to the requirements for electronically posting the notice, if an employer chooses to distribute the poster to employees via internet/intranet site, the site must be for the use of all employees, accessible by all employees, and the employer must provide notice to the employees of the posting and its location on the site.
The updated regulations also include industry specific “Know Your Rights” posters for housing providers and healthcare facilities. Healthcare facilities will need to post the facility’s respective “Know Your Rights” poster in areas easily accessible by patients or potential patients, including, but not limited to, near entry/exit doors and all public waiting rooms. Facilities may also choose to display the poster in individual treatment rooms or on a digitally accessible platform code, i.e., QR code, posted in plain view around the facility.
The revised LAD and NJFLA posters, flowcharts and FAQs can be found here. The DCR will also have printed posters available in its regional offices for pickup. Additionally, the DCR is preparing posters for non-English speakers.
The amended regulations can be found here.
2022 Employer Compliance Calendar
Are you finding it difficult to keep up with the constant changes in the compliance landscape? We understand that HR professionals have other important items on their plate so we have put together a 17 page calendar that will insure employers are meeting deadlines to remain compliant in the workplace. Click below to download our calendar!