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Grace operates a small bed-and-breakfast in Cape May, New Jersey, where she rents out three guest rooms in her personal residence. A same-sex couple applies to stay and Grace refuses, citing her personal religious beliefs. Under the New Jersey Law Against Discrimination, Grace's refusal is:

Correct Answer

C) Unlawful because sexual orientation is a protected class under the NJ LAD, and a bed-and-breakfast operating as a place of public accommodation cannot refuse guests on that basis

The NJ LAD, N.J.S.A. 10:5-4 and 10:5-12, protects sexual orientation as a class in both housing and places of public accommodation. A bed-and-breakfast that offers lodging to the general public is considered a place of public accommodation under NJ law. Even if Grace lives on the premises, operating a commercial lodging business open to the public removes any private residential exemption. Refusing guests based on sexual orientation violates the NJ LAD's protections for both housing and public accommodations.

Answer Options
A
Lawful because her home is her private residence and she retains full discretion over guests
B
Lawful because the NJ LAD's owner-occupant exemption applies to transient lodging in a personal residence
C
Unlawful because sexual orientation is a protected class under the NJ LAD, and a bed-and-breakfast operating as a place of public accommodation cannot refuse guests on that basis
D
Unlawful only if she advertises the bed-and-breakfast publicly through a licensed real estate broker

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Related Topics & Key Terms

Key Terms:

LADsexual_orientationpublic_accommodationbed_and_breakfastNJ_specific_protected_classfair_housing_exemptions

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