Sponsored by:
Assemblyman ERIK PETERSON
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
Concerns exclusion of individuals with certain employment history in advertisements for job vacancies.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning employment discrimination and amending P.L.2011, c.40.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2011, c.40 (C.34:8B-1) is amended to read as follows:
1. Unless otherwise permitted by the provisions of Title 11A of the New Jersey Statutes or any other law, rule or regulation, no employer or employer's agent, representative, or designee shall knowingly or purposefully publish, in print or on the Internet, an advertisement for any job vacancy in this State that contains one or more of the following:
a. Any provision stating that the qualifications for a job include current employment or continuous employment with no more than a specified number of employers in a specified period of time;
b. 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 job applicant employed by more than a specified number of employers in a specified period of time; or
c. 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 or have been employed by no more than a specified number of employers in a specified period of time.
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 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.
(cf: P.L.2011, c.40, s.1)
2. This act shall take effect on the first day of the third month following enactment.
STATEMENT
This bill amends section 1 of P.L.2011, c.40 (C.34:8B-1) to prohibit an employer or employer’s agent, representative, or designee from publishing, in print or on the Internet, an advertisement for any job vacancy that prohibits or announces that individuals who have been employed by more than a specified number of employers in a specified period of time.
Currently, section 1 of P.L.2011, c.40 (C.34:8B-1) only prohibits an employer or employer’s agent, representative, or designee from publishing an advertisement for any job vacancy that prohibits or announces that unemployed individuals need not apply for a job vacancy. Also, this statute currently provides for the imposition of civil penalties 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, collectible by the Commissioner of Labor and Workforce Development.