ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 5048

STATE OF NEW JERSEY

DATED: JANUARY 5, 2026

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 5048. 

      This bill enhances certain protections under the Law Against Discrimination (“LAD”).

      MILITARY SERVICE. Currently, the LAD bars discrimination based on “liability for service in the Armed Forces of the United States.”  The bill broadens this provision to specifically bar discrimination against persons currently serving in the military and military veterans.  The bill defines this additional protected class of persons as those in active service in any branch of the Armed Forces of the United States or National Guard, and those who have been discharged or released from active service in any branch of the Armed Forces of the United States or National Guard.

      JOB PROTECTION FOR MILITARY SERVICE. The bill makes it an unlawful employment practice under the LAD for employers to deny reemployment to employees who take leave for military service.  This provision is in compliance with the federal Uniformed Services Employment and Reemployment Rights Act of 1994, 18 U.S.C. s.4301 et seq.

      GENDER-NEUTRAL LANGUAGE. Under the bill, gendered language in the LAD is changed to gender-neutral language.  For example, in N.J.S.A.10:5-39, the provision in the LAD that sets out an affirmative action program for veterans, the bill replaces the phrase “soldier, sailor, marine, airman, nurse or army field clerk” with “enlisted person or officer.”

      UNLAWFUL DISCRIMINATION. The bill adds the term “unlawful” before “discrimination” throughout the LAD to clarify that the LAD prohibits only unlawful discrimination.  The LAD does not apply to discrimination that may be lawful.  For example, practices that result in a disproportionately negative impact on members of a protected class constitute unlawful discrimination only if the entity engaging in the practices cannot show that it is using the practices for a substantial, legitimate, nondiscriminatory interest or cannot show that there is a less discriminatory alternative that meets that interest.

      As reported by the committee, Assembly Bill No. 5048 is identical to Senate Bill No. 3800, which was also reported by the committee on this date.