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Interviewing and selecting job candidates: New Jersey

This guide provides HR professionals with an overview of New Jersey laws applicable to employers when interviewing and selecting job candidates, including acceptable and unacceptable interview questions, restrictions on certain inquiries, and how antidiscrimination laws apply during the hiring process.

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by Christopher Dalton, Buchanan Ingersoll & Rooney PC

Summary

This guide provides HR professionals with an overview of New Jersey laws applicable to employers when interviewing and selecting prospective employees. It covers acceptable and unacceptable interview questions, laws restricting certain types of inquiries, and how antidiscrimination laws apply during the interview and selection process.

In this guide, learn about:

  • New Jersey Law Against Discrimination
    • Age discrimination and familial status
    • Job advertisements and referrals
  • Preemployment tests and inquiries
    • Drug and alcohol issues
    • Disability-related inquiries
  • BFOQs
  • Arrest and conviction records/criminal background checks
    • Ban the box law
    • Expunged criminal records
    • Polygraph (lie detector) testing
    • Retaining job applications
    • Salary history inquiry restrictions
  • Interviewing applicants
    • Social media privacy
  • Selecting candidates
    • Anti-nepotism policies
    • Appearance, grooming and dress codes
    • English-only rules
    • Negligent hiring/retention
  • Future developments

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Jurisdiction: New Jersey

Latest updates

Updated to reflect protections regarding salary history inquiries, effective January 1, 2020.

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About the author

Christopher Dalton

Christopher Dalton is an employment lawyer whose practice includes the defense of employment-related claims such as harassment, discrimination, whistle-blowing and wrongful termination. He has represented clients in a broad range of matters, including enforcement of post-employment restrictions, employee disloyalty claims and actions under Title VII, the Americans with Disabilities Act, the New Jersey Law Against Discrimination and the New Jersey Conscientious Employee Protection Act.

Mr. Dalton graduated from Johns Hopkins University and Syracuse University College of Law.

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