Effective June 1, 2011, New Jersey will have a law that bars employers from advertising that the unemployed need not apply.
The new statute, N.J.S.A. 34:8B-1, prohibits an employer from publishing in print or on the Internet a job listing providing that the job qualifications include current employment; that jobless applicants will not be considered; or that only currently employed candidates will be considered for the position. To comply with civil service laws, the new statute does allow employers to post job openings that are available only to its current employees.
Job seekers will not be allowed to sue offending employers directly, but violators will be fined up to $1,000 for the first offense, up to $5,000 for the second, and up to $10,000 for each subsequent offense, payable to the state Department of Labor and Workforce Development.