New Jersey Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in New Jersey and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

The Opportunity to Compete Act applies to most New Jersey employers, requiring the removal of questions about criminal records from employment applications. It also restricts against inquiring about criminal history up to and during the initial interview for employment.

Does New Jersey Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, there are laws in place in New Jersey that afford broader protections to jobseekers.

Do New Jersey Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

The Diane B. Allen Equal Pay Act in New Jersey is more expansive than the federal law. It requires equal pay for “substantially similar” work, rather than equal work, and includes protections for a broader range of characteristics, rather than just sex. The 6-year statute of limitations is also longer than the federal law, which has a statute of 2 years.

Do New Jersey Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Under the New Jersey Law Against Discrimination (NJLAD), employers are not permitted to discriminate against applicants based on age. It provides protections for all ages, rather than just including those ages 40 and over.

Do New Jersey Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

The state law against discrimination in New Jersey offers stronger protections against discrimination based on disability status. It applies to nearly all employers and includes a broader definition of disability, encompassing mental, developmental, psychological, and physical conditions that interfere with everyday activities. The state law also doesn’t require a condition to be substantially limiting or permanent to qualify as a disability that affords protections.

Do New Jersey Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

New Jersey defers to the federal GINA regarding discrimination based on genetic information.

Do New Jersey Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The NJLAD includes broader protections against discrimination in hiring. It includes more protected characteristics than the federal law: race, military service, religion, national origin, relationship status (including domestic partnership, civil union, or marital status), sex, familial status, pregnancy, disability, breastfeeding, gender expression or identity, and sexual orientation.

Are There Different Fair Hiring Laws in Cities or Municipalities Across New Jersey?

The state of New Jersey has extensive laws regarding fair hiring practice. No municipalities or cities are known to have laws that differ.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.