N.J. Admin. Code § 13:11-1.1

Current through Register Vol. 56, No. 8, April 15, 2024

Section 13:11-1.1 - Employment advertising generally

(a) It shall be a violation of the Law Against Discrimination, 10:5-1 et seq., and more particularly, 10:5-12.a, .b, .c, and .e, for any employer, union, or employment agency, or any newspaper or other publication published or circulated within this State to print, publish, post, or circulate, or to cause to be printed, published, posted, or circulated, any print, electronic, or other advertisement relating to employment, employment opportunities, job openings, union membership, apprentice programs, job training programs, or any of the terms, conditions, or privileges thereof, which expresses, overtly or subtly, directly or indirectly, any limitation, specification, preference, or discrimination based on race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, sex, nationality, affectional or sexual orientation, gender identity or expression, disability, atypical hereditary cellular or blood trait, genetic information, refusal to submit to a genetic test or to make available the results of a genetic test, or liability for service in the Armed Forces of the United States, or any intent to make such limitation, unless based on a bona fide occupational qualification.

(b) The use of any word, term, phrase, or expression that tends to influence, persuade or dissuade, encourage or discourage, attract, or repel any person or persons because of race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, nationality, affectional or sexual orientation, gender identity or expression, disability, atypical hereditary cellular or blood trait, genetic information, refusal to submit to a genetic test or to make available the results of a genetic test, or liability for service in the Armed Forces of the United States, or sex shall be considered discriminatory advertising in violation of the Law Against Discrimination, 10:5-1 et seq.

(c) Notwithstanding (a) and (b) above, the following language, whether alone or in any combination, does not violate the LAD when published in an advertisement for employment, employment opportunities, job openings, union membership, apprentice programs or job training programs provided the advertisement does not otherwise exclude, directly or indirectly, any qualified applicant based on a characteristic listed in (a) above:

1. Equal Opportunity Employer;

2. Equal Opportunity/Affirmative Action Employer;

3. All qualified applicants encouraged to apply; or

4. Equal Opportunity/Affirmative Action Employer: All qualified individuals, including minorities, women and people with disabilities, are encouraged to apply.

N.J. Admin. Code § 13:11-1.1

Amended by 46 N.J.R. 1697(b), effective 7/21/2014.