New Law Prohibits Exclusion of Unemployed Applicants in Job Ads

On March 29, 2011, Governor Chris Christie signed into law a bill (A3359) designed to protect the employment prospects of unemployed individuals. The law, which went into effect immediately, prohibits employers from “knowingly or purposefully” publishing, in print or on the Internet, an advertisement for any job vacancy in New Jersey that contains: 1) any provision stating or suggesting that the qualifications for a job include current employment; 2) any provision stating or suggesting that the employer will not consider or review an application for employment submitted by any job applicant currently unemployed; or 3) any provision stating or suggesting that the employer will only consider or review applications for employment submitted by job applicants who are currently employed. The law does not apply to advertisements requiring that candidates hold current or valid licenses or certifications or hold a current job with that employer. Penalties include $1,000 for a first violation and will increase with subsequent violations. This law does not create a private cause of action for individuals against potential employers.