ANTI-UNEMPLOYMENT DISCRIMINATION LAW MOVING IN NEW JERSEY According to Ned Rosenau, anti-unemployment discrimination legislation is very close to becoming law in New Jersey. This follows enactment of a New Jersey law in 2011 that prohibits employers from discriminating against the unemployed in job advertisements. If signed into law by Governor Chris Christie, which is expected, Senate Bill 1440 would prohibit employers in New Jersey from discriminating against an applicant in any employment decision concerning hiring, compensation or other terms and conditions of employment because the applicant is currently unemployed. The bill 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. S 1440, which was passed by the New Jersey Senate and Assembly in June, doesnt prohibit employers when making employment decisions from: (a) inquiring into an applicant’s employment history and the circumstances surrounding the applicant’s separation from prior employment; (b) considering any substantially job-related qualifications, (e.g., professional/occupational licenses, certificates, registrations, permits or other credentials; level of education or training; level of experience); (c) determining that only applicants who are currently employed by the employer will be considered for employment or given priority; or (d) setting compensation or other terms and conditions of employment based on the applicant’s actual amount of experience.
Posted on: Fri, 08 Aug 2014 16:32:36 +0000