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New Jersey recently became the first state to prohibit the practice of excluding unemployed individuals in job advertisements. Specifically, New Jersey's new law prohibits employers from "knowingly or purposefully" publishing a job advertisement that requires an individual to be currently employed or that states that an employer will not consider applications by unemployed individuals. Employers who violate the law may be subject to monetary penalties in the amounts of $1,000 for initial violations, $5,000 for second violations, and $10,000 for each subsequent violation thereafter. The law became effective on June 1, 2011.
New Jersey's new law does not preclude employers from publishing job advertisements that require current and/ or valid occupational licenses, certifications or other credentials, or a minimum level of education, training or professional experience.
Similar legislation has been introduced on the federal level – The Fair Employment Act of 2011 – although that bill remains in committee.
PRACTICAL ADVICE:
- Employers should review current job advertisements and ensure that the advertisements do not preclude unemployed individuals from applying for open positions;
- Employers should ensure that job advertisements do not require current employment and that the qualifications for specific jobs do not require current employment; and
- Employers should review hiring procedures to ensure equal treatment of unemployed applicants.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
