On behalf of our member companies that make NJBIA the largest, most impactful association representing job creators in New Jersey, I want to begin by making clear that New Jersey’s business community supports ensuring that individuals with disabilities are treated with dignity and have full access to places of public accommodation, including the right to be accompanied by a guide or service dog. Those protections are already firmly established under the Americans with Disabilities Act and the New Jersey Law Against Discrimination, and employers take those obligations seriously.
Our comments today are not about the underlying goal of the bill, but about its compliance structure and enforcement framework. As drafted, the legislation imposes mandatory training, pamphlet distribution, acknowledgment, and record-retention requirement on virtually every customer-facing employer in the state, regardless of size. That includes very small businesses which may only have only one or two employees who interact with the public. There is no small business threshold or phase-in period, and the bill applies equally to a small storefront and a large statewide retailer.
We are also concerned about the operational requirements. The bill requires distribution of a paper copy of the pamphlet and retention of signed acknowledgment forms during employment and for three years after termination. Most employers today rely on electronic onboarding and compliance systems. Requiring paper-only distribution and physical record retention is administratively outdated and adds unnecessary burden. Allowing electronic distribution and acknowledgment would modernize the bill and reduce compliance friction without undermining its purpose.
Finally, because enforcement is placed under the New Jersey Law Against Discrimination, technical paperwork or recordkeeping errors could potentially create litigation exposure beyond the underlying access issue the bill is intended to address. We believe the focus should remain on preventing denial of access to individuals with service or guide dogs, rather than creating procedural liability risks for employers who are otherwise acting in good faith.
NJBIA respectfully suggests several amendments that would improve the bill while preserving its intent: allowing electronic distribution and acknowledgment of the pamphlet; considering a small business threshold or phase-in period; and clarifying that minor recordkeeping deficiencies do not constitute standalone violations under the Law Against Discrimination absent an actual denial of access.
We appreciate the sponsors’ work on this issue and stand ready to work collaboratively to ensure that the legislation achieves its important objective in a way that is workable for New Jersey employers. Thank you for your time and consideration.
