Discrimination in Contracting and Doing Business

New Jersey Law Against Discrimination Protections for Independent Contractors, Customers, And Businesses

When people think about the New Jersey Law Against Discrimination (NJLAD), they usually think about employees who have experienced workplace discrimination, harassment or retaliation. Many people also know that the law protects tenants and home buyers from housing discrimination. What is less well-known is that the NJLAD also prohibits discrimination in contracting and doing business.
In practical terms, the NJLAD makes it unlawful for a person or company to refuse to buy from, sell to, lease from or to, license, contract with, trade with, or otherwise do business with someone because of a legally protected characteristic. These protections can matter in real-world situations like independent contractor arrangements, consulting engagements, service contracts, vendor relationships, and customer relationships.
If you believe you have been treated unfairly in a business relationship for an unlawful reason, a Bergen County employment lawyer at Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help you evaluate whether the NJLAD applies and what steps you can take next.

What Counts as Discrimination in Contracting or Doing Business Under the NJLAD

Discrimination in contracting and doing business can take many forms. Depending on the facts, it can include: refusing to enter a contract, terminating a contract early, changing contract terms in a way that harms you, denying access to services, charging different prices, delaying service, or imposing different requirements than those applied to others.
This part of the NJLAD is especially important because discrimination does not only happen in traditional employment settings. A person can face unlawful treatment while trying to work as an independent contractor, provide services as a consultant, sell goods, lease equipment, bid on a contract, or even purchase products or services for personal or business use.

Legally Protected Categories Under New Jersey Law

Not all unfair or negative treatment violates the NJLAD. To qualify as unlawful discrimination, the adverse treatment must be tied to a legally protected category. The NJLAD’s protected characteristics include:

• Race
• Color
• Age
• Disability
• Sex
• Pregnancy
• Religion
• National origin
• Ancestry
• Sexual orientation
• Gender identity or expression
• Marital or civil union status
• Military status or service in the Armed Forces

Who Is Protected by the NJLAD in Business and Contract Settings

The NJLAD’s protections in contracting and doing business are broad. They apply to people and organizations that do not fit within the employee-employer relationship, including: independent contractors, consultants, gig workers, freelancers, independent sales representatives, vendors, and service providers.
These protections also can apply to businesses and individuals who are trying to buy, sell, trade, lease, license, or obtain services.
Rabner Baumgart Ben-Asher & Nirenberg, P.C. represents individuals and businesses in New Jersey who believe they have experienced unlawful discrimination in contracting, providing services, or doing business.

Discrimination Based on Your Association with Someone Else

One of the most powerful features of the NJLAD is that it can apply even when the discrimination is not based on your own protected characteristic. The law also can cover discrimination tied to your association with another person or group, including your spouse, business partners, employees, managers, owners, suppliers, or customers.
For example, discrimination may be unlawful if a company refuses to contract with a consultant because of the race, religion, disability, or sexual orientation of the consultant’s spouse. Similarly, a vendor relationship can become legally problematic if a company refuses to do business with another company because of the protected characteristics of the other company’s owners, employees, or customer base.
This is one reason it is important not to assume you have no claim simply because you are not personally part of the protected group that appears to be driving the behavior.

Harassment in Business Relationships Can Also Be Unlawful

The NJLAD is often discussed in terms of harassment at work, but harassment also can occur in business and contracting relationships. Depending on the facts, harassment can include discriminatory slurs, degrading comments, hostile emails or communications, intimidation, exclusion, or other conduct that makes the business environment hostile because of a legally-protected characteristic.
Harassment claims are fact-sensitive. The core question is whether the conduct was severe or occurred frequently enough to alter the conditions of the relationship and create a hostile environment. Even a single incident can matter if it is extreme.

Retaliation Is Prohibited Under the NJLAD

The NJLAD also prohibits retaliation. That means a person or company violates the law if it punishes you because you reported or opposed conduct that you reasonably believed violated the NJLAD. In a contracting or business setting, retaliation can include abruptly terminating a contract, refusing to renew an agreement, reducing assignments, delaying payment, cutting off access, or taking other adverse actions because you raised concerns about a violation of the NJLAD.
If you spoke up about discrimination and then faced negative consequences, it is worth exploring whether retaliation played a role and whether the timeline supports a claim.

Talk With a New Jersey Discrimination Lawyer

If you have experienced discrimination, harassment, or retaliation in a contracting relationship or while trying to do business in New Jersey, Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help you understand your rights and options. To schedule an initial consultation, please call (201) 777-2250 or contact us online.
From our main office in Bergen County, we represent individuals and businesses across New Jersey, and we offer consultations in person, by Zoom, and by telephone.