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Rule Adoption - Uniform Rules on Discrimination in Licensed Professions

 

Effective March 20, 2023  

N.J.A.C. 13:45C - 4.1, 4.2, and 4.3 Uniform Rules on Discrimination in Licensed Professions

 The Acting Attorney General, pursuant to his statutory authority at N.J.S.A. 45:1-17(b), proposed new rules, N.J.A.C. 13:45C-4.1, 4.2, and 4.3, concerning discrimination in licensed professions and occupations. The purpose of this rulemaking is to clarify and firmly establish that prohibited discrimination, harassment, and retaliatory conduct by holders of professional and occupational licenses and certificates (licensees) constitute professional or occupational misconduct, subject to discipline by the relevant licensing boards and committees.  N.J.A.C. 13:45C - 4.1, 4.2, and 4.3 Uniform Rules on Discrimination in Licensed Professions became effective on March 20, 2023.

  The new rules at N.J.A.C. 13:45C-4, address discriminatory conduct, including prohibited discrimination, harassment, and reprisals, by licensees. The rules clarify the professional boards' and committees' authority to discipline licensees for unlawful discrimination and for taking retaliatory action against those who exercise rights under the New Jersey Law Against Discrimination (NJLAD), N.J.S.A. 10:5-1 et seq., or other Federal or State civil rights or anti-discrimination law.  

  N.J.A.C. 13:45C-4.1 addresses the scope of the subchapter and defines certain key terms. This section establishes that the subchapter will apply to all individuals authorized pursuant to Title 45 or Title 52 of the Revised Statutes to practice a profession or occupation. This section defines, among other terms, "engage in prohibited discrimination" to mean engaging in conduct that has a direct or substantial relationship to the activity regulated by the board and that violates the NJLAD or any other applicable Federal or State civil rights or anti-discrimination law. It also defines the conduct that constitutes a reprisal, including taking retaliatory action because a person has exercised rights pursuant to the NJLAD or other Federal or State civil rights or anti-discrimination law, or coercing, intimidating, threatening, or interfering with any person who has exercised rights, or encouraged another to exercise rights, under such a law. Finally, this section clarifies that any terms that are used and not defined within Subchapter 4 will have the same meaning as at N.J.S.A. 10:5-5.  

  N.J.A.C. 13:45C-4.2 addresses prohibited misconduct. Subsection (a) establishes that a licensee who has been found in an administrative proceeding before a board or the Office of Administrative Law (OAL) to have engaged in prohibited discrimination against any current or prospective client, patient, student, supervisee, colleague, or employee will be deemed to have engaged in professional misconduct within the meaning at N.J.S.A. 45:1-21.e and may be subject to discipline. Subsection (b) establishes that a licensee who has been found to have engaged in prohibited discrimination by a court or a State or Federal agency will be deemed to have engaged in professional misconduct within the meaning at N.J.S.A. 45:1-21.e and may be subject to discipline.  

  N.J.A.C. 13:45C-4.3 addresses reprisals. Subsection (a) establishes that a licensee who has been found in an administrative proceeding before a board or the OAL to have engaged in a reprisal against any person has committed professional misconduct within the meaning at N.J.S.A. 45:1-21.e and may be subject to discipline. Subsection (b) establishes that a licensee who has been found by a court or a State or Federal agency to have engaged in a reprisal against any person will be deemed to have [page=409] engaged in professional misconduct within the meaning at N.J.S.A. 45:1-21.e and may be subject to discipline.  

 Visit the State of New Jersey | Department of Law & Public Safety “Know the Law” website page to learn more about New Jersey Law Against Discrimination and the definitions of protected classes, discrimination, harassment, and retaliation.

 

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