N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-12.6

Liability imposed on employers who discharge, discriminate against employee who displays the American flag

In Force
Verified 10/6/2026 · Next check 11/5/2026
effective 10/6/2026New JerseyFair Housing & Anti-Discrimination

Operative Text

N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-12.6
1. No employer, public or private, shall discharge or discriminate against an employee in compensation or in terms, conditions or privileges of employment for displaying the American flag on the employee's person or work station, provided the display does not substantially andmaterially interfere with the employee's job duties. An employer who discharges or discriminates against an employee as described in this section shall be liable to the employee for damages caused by the discharge or discrimination, including punitive damages, and for reasonable attorney's fees as part of the costs of any action for damages. If the court determines that the action for damages was brought without substantial justification, the court may award costs and reasonable attorney's fees to the employer.

L.2001,c.385.
Source: Legislative text reproduced verbatim
Plain English

Under N.J.S.A. 10:5-1 et seq. § 10:5-12.6, New Jersey law prohibits employers—whether public or private—from firing or otherwise discriminating against an employee in pay, terms, or working conditions because that employee displays the American flag on their person or at their workstation. The protection applies as long as the flag display does not substantially and materially interfere with the employee's job duties. An employer found to have violated this provision may be held liable for actual damages, punitive damages, and the employee's reasonable attorney's fees; however, if a court finds the employee's lawsuit lacked substantial justification, the employer may recover its own costs and fees.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 6, 2026

Plain English — not legal advice.

For Property Managers

Although N.J.S.A. 10:5-1 et seq. § 10:5-12.6 is directed at employers rather than residential landlords, property management companies and housing authorities that employ staff should be aware that this provision governs workplace conduct toward employees who display the American flag. Compliant operators generally review their workplace dress and workstation policies to ensure those policies do not penalize flag display that does not disrupt job performance. Employers who maintain clear, consistently applied standards around what constitutes a 'substantial and material' interference with job duties are better positioned to demonstrate compliance with this section.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.J.S.A. 10:5-1 et seq. § 10:5-12.6 gives employees in New Jersey a legal basis to seek damages—including punitive damages and attorney's fees—if they are fired or subjected to discriminatory treatment in pay or working conditions because they displayed the American flag, provided the display did not substantially interfere with their duties. Employees who believe their rights under this section have been violated may consider filing a civil action for damages in New Jersey courts. Consulting a tenant-rights or workers'-rights organization, or seeking guidance from a legal aid office, can help an affected employee understand the general enforcement paths available under this provision.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 6, 2026
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