New Jersey Application Forms laws & HR compliance analysis

New Jersey Application Forms: What you need to know

The New Jersey Law Against Discrimination (LAD) prohibits employment practices that discriminate on the basis of race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, nationality, affectional or sexual orientation, genetic information, pregnancy, sex, gender identity or expression, disability (including acquired immunodeficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection), liability for military service, atypical hereditary cellular or blood trait, or refusal to submit to a genetic test or make test results available (NJ Rev. Stat. Sec. 10:5-1 et seq.).
Under the LAD, it is unlawful for any employer to use an employment application form or to make an inquiry in connection with prospective employment that expresses or is intended to express any limitation, specification, or discrimination as to 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, pregnancy, sex, or military service, unless based on a bona fide occupational qualification.
A separate state law prohibits employers from refusing to hire or otherwise discriminating against an individual because he or she does or does not smoke or use other tobacco products (NJ Rev. Stat. Sec. 34:6B-1). The law provides an exception if an employer has a reasonable basis that is related to employment.
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Both laws cover all employers, regardless of size. Additional information on prohibited preemployment inquiries and a list of impermissible inquiries and permissible alternatives is available.
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