New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A1401

Introduced
1/9/24  

Caption

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

Impact

If enacted, A1401 represents a substantial shift in employment practices within the state, aligning with broader efforts to promote equal opportunity and prevent discrimination in the workplace. This new regulation compels employers to establish a more inclusive hiring process that prioritizes skills and qualifications over gender. Violations of this bill could result in civil penalties, which escalate with repeated offenses, thus providing a strong deterrent against non-compliance. By enforcing such measures, the bill aims to enhance workplace equity and ensure that all job applicants are assessed fairly, regardless of their gender.

Summary

A1401 is a legislative bill that aims to prohibit employers from inquiring about the gender of job applicants during the initial stages of the employment application process. The legislation signifies a progressive step towards gender equality in the workplace by ensuring that gender does not influence hiring decisions at this critical phase. Employers will be restricted from requiring any employment application that includes inquiries regarding an applicant's gender, as well as from making any oral or written inquiries related to gender until the initial application process is complete. This approach is intended to help mitigate unconscious biases that may contribute to gender discrimination in hiring practices.

Contention

Despite the positive intentions behind A1401, some contention may arise concerning its implementation and potential implications for certain job roles. The bill allows for exceptions if gender is a bona fide occupational qualification necessary for the operation of a specific business. This clause might lead to discussions regarding which roles justify such exceptions, potentially sparking debates about fairness and the definition of essential job qualifications. Furthermore, industry stakeholders might express concerns regarding the practicality of completely removing gender inquiries from the initial application process, arguing that they may need such information for compliance with existing regulations or organizational policies.

Companion Bills

NJ S2172

Same As Prohibits employers from inquiring about gender of job applicants under certain circumstances.

NJ S536

Carry Over Prohibits employers from inquiring about gender of job applicants under certain circumstances.

NJ A3327

Carry Over Prohibits employers from inquiring about gender of job applicants under certain circumstances.

Previously Filed As

NJ A3327

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

NJ S2172

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

NJ S536

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

NJ HF1625

Employers prohibited from inquiring about past pay.

NJ HB265

Prohibits certain contractors from inquiring about a job applicant's criminal history on a job application (OR NO IMPACT See Note)

NJ HB06113

An Act Prohibiting Employers From Inquiring About Date Of Birth Or Date Of Graduation On Employment Applications.

NJ HB4240

Labor: fair employment practices; job applicant's credit history; prohibit an employer from inquiring about. Creates new act.

NJ HB4264

Labor: fair employment practices; job applicant's credit history; prohibit an employer from inquiring about. Creates new act.

NJ HB813

Prohibits inquiries relating to an employee's criminal convictions on job applications

NJ HB849

Prohibits inquiries relating to an employee's criminal conviction history on job applications in certain municipalities

Similar Bills

IN SB0290

BMV disclosure of personal information.

NJ A3327

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

NJ S2172

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

NJ S536

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

LA HB665

Provides relative to the Louisiana Equal Housing Opportunity Act

LA HB340

Creates the Personal Online Account Privacy Protection Act (EN NO IMPACT GF EX See Note)

TX HB1012

Relating to access to a residence or former residence to retrieve certain personal property.

TX HB560

Relating to access to a residence or former residence to retrieve personal property by persons who are parties to certain suits and decrees.