The New Jersey Law Against Discrimination prohibits employment practices that discriminate against an individual because of “liability for service in the Armed Forces of the United States.” The Law defines a person with a “liability for service” as being an individual who may be called to active duty because he or she either:
• Is a member of the National Guard, naval militia, or the armed forces reserves; or
• Is subject to a national selective service system.
The Law covers all employers, regardless of size (NJ Rev. Stat. Sec. 10:5-5et seq.).
Exception. The state Law Against Discrimination provides that an employer may refuse to hire an applicant who has received a notice of induction or orders to report for active duty in the armed forces (NJ Rev. Stat. Sec. 10:5-12).
Additionally, employers who deprive members of the organized militia of their employment because of that membership are guilty of a misdemeanor (NJ Rev. Stat. Sec. 38A:14-4).