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  • NJ A3440
  • Prohibits employment discrimination based on applicant employment status.
In Committee
Crossed Over
PassedSignedDead/Failed/VetoedVeto Overridden
2016-2017 Regular Session
The bill prohibits an employer or employer's agent, representative, or designee from discriminating against an applicant for employment in any employment decisions with regard to hiring, compensation or the terms, conditions or privileges of employment because the applicant is currently unemployed. The bill, however, does not prohibit the employer, agent, representative, or designee, when making employment decisions, from: 1. Inquiring into the applicant's employment history and the circumstances surrounding an applicant's separation from prior employment; 2. Considering any substantially job-related qualifications, including: a professional or occupational license, certificate, registration, permit, or other credential; or the level of education or training, or level of professional, occupational, or field experience; 3. Determining that only applicants who are currently employed by the employer will be considered for employment or given priority; or 4. Considering the applicant's actual amount of experience. The bill provides that nothing set forth in the bill may be construed as creating or establishing a private cause of action by an aggrieved person against an employer; nor may evidence that an employer who has violated, or is alleged or believed to have violated the provisions of the bill, be admissible in any legal proceeding other than a proceeding to enforce the provisions of this bill. The current law, which this bill supplements, provides for civil penalties of up to $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. Those penalties would therefore apply to violations of the provisions of this bill.
2nd Reading in the Assembly, Labor, Passed Assembly
Senate Labor Hearing (10:00 9/26/2016 Committee Room 6, First Floor)  (on 9/26/2016)
Date Chamber Action Description
9/26/2016 Senate Labor Hearing (10:00 9/26/2016 Committee Room 6, First Floor)
6/16/2016 S Received in the Senate, Referred to Senate Labor Committee
6/16/2016 A Passed by the Assembly (54-22-0)
6/6/2016 A Reported out of Assembly Committee, 2nd Reading
6/6/2016 Assembly Labor Hearing (10:00 6/6/2016 Committee Room 15, Fourth Floor)
3/7/2016 A Introduced, Referred to Assembly Labor Committee
Date Motion Yea Nay Other
Detail 6/16/2016 Assembly Floor: Third Reading - Final Passage 54 22 4
Detail 6/6/2016 Assembly Labor Committee: Reported Favorably 6 2 1