Sponsored by:
Senator PETER J. BARNES, III
District 18 (Middlesex)
Senator JIM WHELAN
District 2 (Atlantic)
SYNOPSIS
Prohibits employment discrimination based on applicant employment status.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the hiring of unemployed job applicants and supplementing P.L.2011, c.40 (C.34:8b-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. An employer or employer's agent, representative, or designee shall not base an employment decision with regard to hiring, compensation or the terms, conditions or privileges of employment on the fact that an applicant is, or has been, unemployed, except that nothing in this section shall be construed as prohibiting an employer, employment agency, or agent thereof, when making employment decisions with regard to hiring, compensation, or the terms, conditions or privileges of employment, from:
a. Inquiring into the circumstances surrounding an applicant’s separation from prior employment;
b. Considering any substantially job-related qualifications, including, but not limited to, a current and valid professional or occupational license, a certificate, registration, permit, or other credential, a minimum level of education or training, or a minimum level of professional, occupational, or field experience;
c. Determining that only applicants who are currently employed by the employer will be considered for employment or given priority for employment or with respect to compensation or terms, conditions or privileges of employment; or
d. Setting compensation, terms, or conditions of employment for the applicant based on the applicant’s actual amount of experience.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits an employer or employer's agent, representative, or designee from basing employment decisions with regard to hiring, compensation or the terms, conditions or privileges of employment on the fact that an applicant is, or has been, unemployed.
The bill, however, does not prohibit the employer, agent, representative, or designee, when making employment decisions, from:
1. Inquiring into the circumstances surrounding an applicant’s separation from prior employment;
2. Considering any substantially job-related qualifications, including: a professional or occupational license, certificate, registration, permit, or other credential; or the level of education or training, or level of professional, occupational, or field experience;
3. Determining that only applicants who are currently employed by the employer will be considered for employment or given priority; or
4. Considering the applicant’s actual amount of experience.
The current law, which this bill supplements, provides for civil penalties of up to $1,000 for the first violation, $5,000 for the second violation and $10,000 for each subsequent violation, collectible by the Commissioner of Labor and Workforce Development. Those penalties would therefore apply to violations of the provisions of this bill.