NJ A4208

Creates a private right of action for individuals denied a professional license, certification, or registration by a New Jersey state licensing entity who allege the denial resulted from policies causing disparate impact based on race or ethnicity.

Complaints may be filed with the Division of Civil Rights or New Jersey Superior Court, following existing Law Against Discrimination procedures for filing, prosecution, jury trials, and remedies.

Complainants must prove by preponderance of evidence that denial resulted from policies with disproportionate racial/ethnic impact, policies applied inconsistently, or factors unrelated to the profession.

Licensing entities may defend by demonstrating the policy is based on legitimate factors (training, education, experience, examinations), applied reasonably, accounts for the entire disparate impact, and relates to the license sought.

Defense does not apply if the complainant shows alternative policies could achieve the same purpose without producing the disparate impact.