New Jersey-2018-A4633-Introduced

An Act prohibiting employers from inquiring about job applicant's gender and supplementing Title 34 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"Advertisement" means any circulation, mailing, posting, or any other form of publication, utilizing any media, promoting an employer or intending to alert its audience, regardless of size, to the availability of any position of employment.

"Applicant for employment" means any person whom an employer considers when identifying potential employees, through any means, including, but not limited to, recruitment, solicitation, or seeking personal information, or any person who requests to be considered for employment by an employer, or who requests information from an employer related to seeking employment, and shall include any person who currently is an employee of the employer.

"Employee" means a person who is hired for a wage, salary, fee, or payment to perform work for an employer, but excludes any person employed in the domestic service of any family or person at the person's home, any independent contractors, or any directors or trustees. The term also shall include interns and apprentices.

"Employer" means any person, company, corporation, firm, labor organization, or association which has 15 or more employees over 20 calendar weeks and does business, employs persons, or takes applications for employment within this State, and means the State, any county or municipality, or any instrumentality thereof. The term shall include job placement and referral agencies and other employment agencies, but excludes the United States or any of its departments, agencies, boards, or commissions, or any employee or agent thereof.

"Employment" means any occupation, vocation, job, or work with pay, including temporary or seasonal work, contingent work, and work through the services of a temporary or other employment agency; any form of vocational apprenticeship; or any internship. The physical location of the prospective employment shall be in whole, or substantial part, within this State.

"Employment application" means a form, questionnaire or similar document or collection of documents that an applicant for employment is required by an employer to complete.

"Gender" shall include an applicant's sex and gender identity or expression as defined in P.L.1945, c.169 (C.10:5-5).

"Initial employment application process" means the period beginning when an applicant for employment first makes an inquiry to an employer about a prospective employment position or job vacancy or when an employer first makes any inquiry to an applicant for employment about a prospective employment position or job vacancy, and ending when an employer has conducted a first interview, whether in person or by any other means of an applicant for employment.

2. a. Except as otherwise provided in section 3 of this act:

(1) an employer shall not require an applicant for employment to complete any employment application that makes any inquiries regarding an applicant's gender during the initial employment application process; and

(2) an employer shall not make any oral or written inquiry regarding an applicant's gender during the initial employment application process.

b. An employer shall not be permitted to consider when making an employment decision, or require any applicant to disclose or reveal, or to take any adverse employment action against any applicant on the basis of the applicant's gender.

c. Nothing set forth in this section shall be construed to prohibit an employer from requiring an applicant for employment to complete an employment application that makes any inquiries regarding an applicant's gender after the initial employment application process has concluded or from making written inquiries regarding an applicant's gender after the initial employment application process has concluded as may be required to satisfy any other provision of State or federal law.

3. The provisions of this act shall not apply if the employment sought or being considered is for a position on the basis of gender in those certain circumstances where gender is a bona fide occupational qualification, reasonably necessary to the normal operation of the particular business or enterprise.

4. Any employer who violates this act shall be liable for a civil penalty in an amount not to exceed $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation collectible by the Commissioner of Labor and Workforce Development in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). These penalties shall be in addition to any other violations of law by an employer that may be brought by an applicant.

5. This act shall take effect the first day of the sixth month next following the date of enactment, but the Commissioner of Labor and Workforce Development may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill prohibits employers from inquiring about job applicant's genders.

The bill prohibits employers from requiring applicants for employment to complete any employment application that makes any inquiries regarding the applicant's gender during the initial employment application process. Additionally, the bill prohibits employers from making any oral or written inquiry regarding an applicant's gender during the initial employment application process.

The bill provides that employers are not permitted to consider when making an employment decision, or to require any applicant to disclose or reveal, or to take any adverse employment action against any applicant on the basis of the applicant's gender.

Under the bill, employers may require applicants for employment to complete an employment application that makes any inquiries regarding an applicant's gender after the initial employment application process has concluded or make written inquiries regarding an applicant's gender after the initial employment application process has concluded as may be required to satisfy any other provision of State or federal law.

The provisions of the bill do not apply if the employment sought or being considered is for a position on the basis of gender in those certain circumstances where gender is a bona fide occupational qualification, reasonably necessary to the normal operation of the particular business or enterprise.