What happened?

On January 16, 2026, the New Jersey Office of the Attorney General and the New Jersey Division on Civil Rights released guidance explaining when language-related discrimination (including accents and English fluency rules) may violate the New Jersey Law Against Discrimination.

The guidance is meant to clarify existing law, not create new requirements, and it does not address New Jersey’s separate state “language access” rules for government document translation and interpretation.

Overview

• Language is not protected by itself, but actions based on language can be illegal if they are tied to protected traits such as national origin, ancestry, nationality or citizenship, race, religion, or disability.

• “Language discrimination” can include treatment based on English proficiency, native language, accent, dialect, or speech patterns.

• The guidance explains three main ways language issues can create legal risk:
  • Different treatment on purpose (for example, using language or accent as a stand-in for someone’s background).
  • Neutral rules that still harm certain groups more (for example, requiring advanced English when the job does not need it).
  • Harassment or hostile work environment, including repeated mocking or slurs about language or remarks about an accent that are severe or widespread (especially if the organization fails to stop it).

• Legitimate language requirements can be allowed, but the employer must show the requirement is truly needed for the job (for example, a role that genuinely requires two languages).

Why this matters

• Common workplace rules can become legal risk if they are not clearly job-related, such as English-only policies, fluency standards, or decisions influenced by accent bias.

• New Jersey has long recognized, through regulations and case law, that even unintentional policies can be unlawful if they disproportionately harm protected groups (for example, language restrictions or certain screening criteria).

• Real-world exposure is significant: a New Jersey jury case described in a law firm article resulted in a reported $1,000,000 award tied to alleged accent-based national origin discrimination (with details about backpay and emotional distress damages).

Action Steps for Compliance

• If an organization uses an English-only rule, it should limit the rule to specific situations needed for safety or operations, avoid controlling language during breaks unless truly necessary, and ensure the rule is not aimed at one specific language.

• The organization should treat repeated comments about accent or language as a potential harassment concern and ensure managers act promptly when they become aware of it.

• The organization should make reporting channels usable for workers with limited English proficiency (for example, translated instructions or interpretation support).

• For any language or fluency requirement, the organization should be prepared to explain the business reason and consider whether a less restrictive option would meet the same need.

Additional Information

• A person may file a complaint with the New Jersey Division on Civil Rights or file a lawsuit in court.

Bottom Line: Employers should carefully review language‑related workplace rules and practices to ensure they are job‑related, consistently applied, and free from bias tied to protected characteristics. While it does not create new legal obligations, it highlights how common policies, such as English‑only rules, fluency standards, and responses to accent‑related conduct, can create discrimination risk under existing New Jersey law if not thoughtfully implemented and enforced.

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Source References

• New Jersey – Attorney General – Laws, Regulations & Guidance
• New Jersey – Guidance on Language Discrimination Under New Jersey’s Law Against Discrimination – January 2026