P.L. 2011, c.040 (A3359 1R)

An Act concerning employment discrimination and supplementing Title 34 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. ¹[No] Unless otherwise permitted by the provisions of Title 11A of the New Jersey Statutes or any other law, rule or regulation, no¹ employer or employer’s agent, representative, or designee shall ¹knowingly or purposefully¹ publish, in print or on the Internet, an advertisement for any job vacancy ¹in this State¹ that contains one or more of the following:

a. Any provision stating ¹[or suggesting]¹ that the qualifications for a job include current employment;

b. Any provision stating ¹[or suggesting]¹ 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

c. Any provision stating ¹[or suggesting]¹ 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.

¹Nothing set forth in this section shall be construed as prohibiting an employer or employer’s agent, representative, or designee from publishing, in print or on the Internet, an advertisement for any job vacancy in this State that contains any provision setting forth any other qualifications for a job, as permitted by law, including, but not limited to, the holding of a current and valid professional or occupational license, certificate, registration, permit or other credential, or a minimum level of education, training or professional, occupational or field experience.

In addition, nothing set forth in this section shall be construed as prohibiting an employer or employer’s agent, representative, or designee from publishing, in print or on the Internet, an advertisement for any job vacancy that contains any provision stating that only applicants who are currently employed by such employer will be considered.¹

2. ¹a.¹ Any employer who violates this act shall be subject to a civil penalty in an amount not to exceed ¹[$5,000] $1,000¹ for the first violation ¹, $5,000 for the second violation¹ and $10,000 for each subsequent violation, collectible by the Commissioner of Labor and Workforce Development in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

¹b. Nothing set forth in this act shall be construed as creating, establishing or authorizing a private cause of action by an aggrieved person against an employer who has violated, or is alleged to have violated, the provisions of this act.¹

3. This act shall take effect ¹[immediately] on the first day of the third month following enactment¹.

Prohibits practice of excluding unemployed individuals in advertisements for job vacancies.