New Jersey Advertising: What you need to know

The New Jersey Law Against Discrimination (NJLAD) prohibits all employers from printing or circulating (or causing to be printed or circulated) any statement, advertisement, or publication; from using any form of application for employment; or from making an inquiry in connection with prospective employment that expresses, directly or indirectly, any limitation, specification, or discrimination based on race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, gender identity or expression, disability, nationality, sex (including pregnancy), liability for service in the armed forces, and refusal to submit to a genetic test or make available the results of a genetic test unless based on a bona fide occupational qualification (BFOQ) (NJ Rev. Stat. Sec. 10:5-1).
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
The NJLAD provides an exception allowing an employer to use sex as the basis for hiring decisions if it is a BFOQ reasonably necessary for the normal operation of the particular business. However, BFOQs are interpreted very narrowly, and employers should use caution when making employment decisions based on a BFOQ exception.
Employers and their agents are also prohibited from knowingly publishing in print or on the Internet any job advertisement that:
• Announces that unemployed individuals need not apply for the vacancy,
• States that qualifications for the job include current employment, or
• States that applications by persons currently unemployed will not be considered or reviewed (NJ Rev. Stat. Sec. 34:8B-1).
Also, employers are permitted to publish in print or on the Internet job postings requiring current employment at that company (internal candidates).
Employers that violate this law are subject to civil penalties of $1,000 for a first violation, $5,000 for a second offense, and $10,000 for each subsequent violation. The commissioner of Labor and Workforce Development enforces the law (

>> Read more about Advertising

Related Topics

More on this topic:

State Requirements

National | Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

New Jersey Advertising Resources

Advertising Products

HR and Social Media Boot Camp Recording
BLR Boot Camp: "HR and Social Media: How To Effectively Recruit, Retain, and Build Your Brand with Online Tools""
Social Media Webinar Recording
BLR Webinar: "Link, Tweet, or Friend? How To Effectively Use Social Media To Recruit the Right Job Candidates""
Online Recruiting Webinar Recording
BLR Webinar: "Online Recruiting: How LinkedIn Can Help You Find Talent, Network, and Build a Digital Referral Base""
Safety Incentive Programs Webinar
BLR Webinar: "Safety Incentive Programs: Effective, Legal Ways To Boost Safety – Without Discouraging Reporting""
HR’s Hiring Bootcamp Recording
BLR Boot Camp: "HR’s Hiring Bootcamp: How to Build Your Infrastructure, Source Winning Candidates, Hire Smart & Onboard Brilliantly""
Free Special Reports
Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Critical HR Recordkeeping

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!

This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.