N.J. Admin. Code § 13:13-4.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:13-4.3 - Unlawful practices

(a) It shall be unlawful for an owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation to refuse, withhold from or deny an individual, either directly or indirectly, on account of that person's disability or perceived disability, access to any of the accommodations, advantages, facilities or privileges of a place of public accommodation. It shall also be unlawful for an owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation to discriminate against a person with a disability in the price, eligibility criteria, methods of administration, standards, terms, or conditions upon which access to such accommodations, advantages, facilities or privileges may depend.

(b) It shall be unlawful for an owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, directly or indirectly, such as through contractual, licensing, or other arrangements, to accord a person with a disability differential terms, conditions or privileges of a place of public accommodation, or to accord a person with a disability differential opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation otherwise offered to the general public.

1. Separate goods, services, privileges, facilities, or terms and conditions of enjoyment shall be deemed differential unless such action is necessary to provide a person with a disability with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that offered to the general public, and provided the separate accommodation comports with the standards set forth in 13:13-4.4.

(c) It shall be unlawful for an owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation to refuse, withhold, or deny, either directly or indirectly, the right of people with disabilities to be accompanied in any place of public accommodation by guide or service dogs, specially trained by a service animal trainer as that term is defined in the LAD. This subsection shall also apply to trainers of service or guide dogs engaged in the actual training process and activities of such animals, and to service animal trainers and people with disabilities accompanied by service animals other than dogs, provided the use of such other service animals in the place of public accommodation is deemed to be a reasonable accommodation under all of the circumstances. Service animal trainers or people with disabilities accompanied by service or guide dogs or service or guide animals shall be liable for any damage done to the premises or facilities by such dogs or animals.

(d) It shall be unlawful for an owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation to publish, circulate, issue, display, post or mail or cause to be printed, circulated, issued, displayed, posted or mailed any written, printed or broadcast notice indicating directly or indirectly that the right of a person with a disability to have equal access to a place of public accommodation will be denied or abridged.

(e) It shall be unlawful for any person to refuse to buy from, sell to, lease from or to, license, contract with, or trade with, provide goods, services or information to, or otherwise do business with any other person on the basis of that person's disability or on the disability of such other person's spouse, partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers, or customers, except as provided by 10:5-12(l) with respect to collective bargaining, labor disputes, and actions to protest unlawful discrimination or unlawful employment practices.

N.J. Admin. Code § 13:13-4.3

Recodified from N.J.A.C. 13:13-4.2 and amended by R.2001 d.480, effective 12/17/2001.
See: 33 N.J.R. 1852(a), 33 N.J.R. 4380(b).
Rewrote the section.