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New Jersey Selection and Testing: What you need to know

The New Jersey Law Against Discrimination prohibits employment discrimination based on race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy and sexual harassment), marital status, domestic partnership status, civil union status, affectional or sexual orientation, gender identity or expression, genetic information, atypical hereditary cellular or blood trait, genetic information, AIDS or HIV status, mental or physical disability, liability for military service, or for the refusal to submit to a genetic test or make the test results available to an employer (NJ Rev. Stat. Sec. 10:5-4 et seq.). An employer may refuse to hire a person on the basis of sex, age, religion, or national origin when the protected characteristic is a BFOQ reasonably necessary to the normal operation of the particular business or enterprise.
State law also specifically prohibits employers from using any employment application, making any preemployment inquiry, or printing or circulating any statement, advertisement, or publication that indicates any discriminatory limitation or specification. The law applies to all employers (NJ Rev. Stat. Sec. 10:5-1 et seq.).
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Generally, employers may utilize professionally developed aptitude tests and other selection procedures if such tests are not designed, intended, or used to discriminate against a protected individual or group of individuals.
New Jersey has a strict law prohibiting employers from influencing, requesting, or requiring their employees or prospective employees to submit to a lie detector test as a condition of employment (NJ Rev. Stat. Sec. 2C:40A-1). The only exception to the ...

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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.
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