Employment Laws in New Jersey
Definition of employee. Employee does not include any individual employed in the domestic service of another.
Definition of employer. Employer includes all business entities, the state and all of its political subdivisions, officers, agencies, boards and bodies.
Prohibited employment discrimination. It is unlawful to discriminate in hiring or employment practices, including compensation, on the basis of an individual's race, creed, color, national origin, ancestry, age (under 70), marital status, domestic partnership status, affectional or sexual orientation, gender identity or expression, sex, genetic information (including the refusal to submit to a genetic test or make available the results of a genetic test to an employer), disability or atypical hereditary cellular or blood trait, because of the liability for service in the armed forces of the United States, because a person uses a guide or service dog or because a person refuses to participate in and/or discloses fraudulent or criminal employer actions.
The New Jersey Civil Rights Act. The New Jersey Civil Rights Act supplements the New Jersey Law against discrimination.
The Domestic Partnership Act. The Domestic Partnership Act prohibits employment discrimination based on domestic partnership status.
The New Jersey Supreme Court ruled that every statutory right and benefit conferred to heterosexual couples through civil marriage must be made available to committed same-sex couples. New Jersey's marriage statute includes same-sex couples and same-sex couples have the same rights and benefits as heterosexual couples who choose to marry.
Patient Safety Act. The Patient Safety Act provides that materials received by the Departments of Health and Human Services under the law may not be used to make an adverse employment decision about a health care professional. However, it does not prevent disciplinary action against the individual when recklessness, gross negligence or willful misconduct is involved.
Smoking and use of tobacco products. An employer can not refuse to hire or employ any person or discharge from employment or take any adverse action against any employee with respect to compensation, terms, conditions or other privileges of employment because that person does or does not smoke or use other tobacco products, unless the employer has a rational basis for doing so which is reasonably related to the employment, including the responsibilities of the employee or prospective employee.
Worker Freedom From Employer Intimidation Act. Effective July 26, 2006, the New Jersey Worker Freedom from Employer Intimidation Act prohibits employers from requiring its employees to attend an employer-sponsored meeting when the purpose of the meeting is to communicate the employer's opinion about religious or political matters.
Recordkeeping requirements. Not specified.
Posting requirements. Employers covered by the New Jersey Law Against Discrimination shall display the official poster of the New Jersey Division on Civil Rights in places easily visible to all employees and applicants for employment.
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