New Jersey Domestic Partnership Act Becomes Effective

Article by Alan M. Koral and Daniel C. Green

The New Jersey Domestic Partnership Act ("DPA") became effective July 10, 2004. Under the DPA, same-sex couples where both partners are over age 18, and opposite sex couples where both partners are over age 62, may register with the State as Domestic Partners and receive a Certificate of Domestic Partnership. The impact on employers who have employees in New Jersey will not be great, but it is worth noting the following.

The DPA amends the New Jersey Law Against Discrimination ("LAD") to prohibit discrimination in employment because of an individual’s participation in a domestic partnership or status as a domestic partner. While this will have little practical impact, because of New Jersey’s already-existing prohibitions against discrimination on the basis of sexual orientation and on the basis of marital status (including the status of not being married), employers should amend their non-discrimination policies to