New Jersey Adopts New Rules Clarifying and Reinforcing Disparate Impact Liability
On December 15, 2025, the New Jersey Division on Civil Rights (DCR) issued new comprehensive rules that codify and reinforce disparate impact liability under the New Jersey Law Against Discrimination (LAD) in employment and other contexts. The rules, which aim to codify existing case law in New Jersey, come as the federal government has ceased enforcing federal antidiscrimination laws based on disparate impact theories, instead focusing on intentional discrimination.