New Jersey Hiring laws & HR compliance analysis

New Jersey Hiring: What you need to know

The New Jersey Law Against Discrimination (NJLAD) prohibits hiring practices that discriminate based on race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectational or sexual orientation, genetic information, pregnancy, sex, gender identity or expression, disability (including acquired immunodeficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection) or atypical hereditary cellular or blood trait, liability for military service, nationality, and refusal to submit to a genetic test or make available the results of a genetic test (N.J. Rev. Stat. § 10:5-1 et seq.). The law covers all employers regardless of size. The law provides an exception allowing an employer to use sex as the basis for hiring decisions if it is a bona fide occupational qualification (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. More information is available at theNew Jersey Discrimination and Disabilities (ADA) sections.
Veterans’ preference. The New Jersey Department of Military and Veterans’ Affairs must organize and administer a program of voluntary commitments by employers to participate in a plan of veterans’ preference in private employment (N.J. Rev. Stat. § 38A:3-12). An employer must take affirmative steps to hire and retain veterans if the employer has a public works contract with the state of New Jersey for more than $250,000 (N.J. Rev. Stat. § 10:5-39 et seq.). In public employment, veterans who receive passing scores on open competitive examinations must be ...

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