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Bill > S2172


NJ S2172

NJ S2172
Prohibits employers from inquiring about gender of job applicants under certain circumstances.


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

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.

AI Summary

This bill prohibits employers from asking about a job applicant's gender during the initial stages of the hiring process, meaning employers cannot require applicants to fill out forms or answer questions about their gender until after the first interview has concluded, unless gender is a bona fide occupational qualification (BFOQ), which means it's a necessary requirement for the job itself, such as for a role in a theatrical production. The bill defines "initial employment application process" as the period from when an applicant first inquires about a job or an employer first contacts an applicant until the first interview, and it also clarifies that gender includes sex and gender identity or expression. Employers are also prohibited from considering an applicant's gender when making employment decisions or taking any negative action against an applicant based on their gender, though they can collect this information later if required by other state or federal laws. Violations of this act can result in civil penalties ranging from $1,000 for a first offense to $10,000 for subsequent offenses.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Labor Committee (on 01/09/2024)

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