Governor Christie Vetoes Bill to Prevent Employers from Posting Job Advertisements That Deter Unemployed Individuals from Applying for Positions

On January 6, 2011, Governor Christie conditionally vetoed a bill (S2388 and A3359) intended to prevent employers (or an employer’s agent) from publishing, in print or on the Internet, a job advertisement that prohibits, announces or suggests that unemployed individuals should not apply for the job.

In returning the bill to the Assembly, Governor Christie made a number of recommendations for reconsideration. First, the Governor noted that the bill’s restriction preventing employers from “suggesting” in a job advertisement that they will not hire an unemployed individual is too vague, as the bill does not define any of its terms. Second, the Governor suggested the proposed penalties for offenses, $5,000 for the first offense and $10,000 for each subsequent offense, are disproportionately high and should be reduced to $1,000 for the first offense and $5,000 for each subsequent offense. The Governor also recommended that the penalty be imposed only after a determination that the violation was “knowingly or purposefully” committed. Finally, the Governor proposed that if the bill is ultimately passed into law, it should not take effect until three months after the bill is signed.