New Jersey Prohibits Practice of excluding Unemployed Individuals in Advertisements for Job Vacancies

June 18, 2011

Beginning June 2011, New Jersey employers are prohibited from knowingly or purposefully publishing (in print or on the Internet) an advertisement for any job vacancy in the state of New Jersey that contains one or more of the following:

Any provision stating that the qualifications for a job include current employment; Any provision stating that the employer or employer’s agent, representative, or designee will not consider or review an application for employment submitted by any job applicant currently unemployed; or Any provision stating that the employer or employer’s agent, representative, or designee will only consider or review applications for employment submitted by job applicants who are currently employed. N.J.S.A. 34:8B-1. The law does NOT prohibit employers from publishing in job vacancy advertisements other job qualifications, such as education, training, and experience requirements, as well as any required professional/occupational licenses or certificates. The law also does NOT prohibit employers from publishing job vacancy advertisements which state that only applicants who are currently employed by the employer will be considered (e.g., internal job postings soliciting applicants from within the company).

While the law does not create or authorize a private right of action for employees, the Commissioner of Labor and Workforce Development is empowered to collect civil penalties from employers who violate this new law in an amount not to exceed $1,000 for the first violation, $5,000 for the second violation and $10,000 for each subsequent violation. N.J.S.A. 34:8B-2.

Search Articles

Halpern & Scrom Law Newsletter

Please enter your email address below to sign up for our topical e-newsletter:
  • This field is for validation purposes and should be left unchanged.