New Jersey Selection and Testing laws & HR compliance analysis

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, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy, sex, gender identity or expression, disability, atypical hereditary cellular or blood trait, liability for military service, nationality, or for the refusal to submit to a genetic test or refusal to 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 general prohibition applies to employers that manufacture, ...

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