New Jersey Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

New Jersey Pre-Employment Inquiries (Interviewing): What you need to know

Protected Classes. The New Jersey Law Against Discrimination (LAD) prohibits employment practices that discriminate based on race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy, sex (including sexual harassment), gender identity or expression, disability (including acquired immunodeficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection), atypical hereditary cellular or blood trait, liability for military service, nationality, or for the refusal to submit to a genetic test or make the test results available to an employer (N.J. Rev. Stat. § 10:5-1 et seq.). The law covers all employers, regardless of size. The LAD does not expressly address preemployment inquiries. However, it does prohibit employers from discriminating in any job-related action, including recruitment, interviewing, hiring, promotions, discharge, compensation, and the terms, conditions, and privileges of employment based on any protected characteristic. Any differential treatment, statement, or conduct that indicates a limitation, preference, or bias based on a protected characteristic may constitute evidence of unlawful discrimination.
Criminal history. The New Jersey Opportunity to Compete Act bans the box on job applications that requires applicants to disclose criminal history information. Under the law, employers with 15 or more employees who do business, employ people, or take applications for employment in New Jersey are prohibited from (1) posting job advertisements indicating that persons who have been arrested or convicted of a crime will not be considered for employment; and ...

Read more about Pre-Employment Inquiries (Interviewing)