Feb 2026
On January 16, 2026, the New Jersey Division on Civil Rights (DCR) issued guidance clarifying how language-based practices may violate the New Jersey Law Against Discrimination (NJLAD). While the guidance does not create new legal obligations, it signals increased enforcement focus on workplace policies involving language, accents, and communication. Routine language rules, if not carefully justified, can expose employers to discrimination claims even absent discriminatory intent.
The DCR explains that although language itself is not a protected characteristic, it is closely tied to protected traits such as national origin, ancestry, nationality, race, religion, and disability. As a result, language‑related decisions may be unlawful if they function as a proxy for discrimination or disproportionately impact protected groups.
Common risk areas include accent bias in hiring or promotion, overly broad English‑only or fluency requirements, and failure to address language‑based harassment. Even neutral policies may create liability if they lack business necessity.
Language requirements may be lawful when they qualify as a bona fide occupational qualification (BFOQ)—meaning the language skill is genuinely needed to perform core job duties. To assess business necessity, employers should ask whether the language requirement is tied to safety, effective communication, regulatory obligations, or essential job functions—and whether a less discriminatory alternative could meet the same need.