TRENTON, NJ – A new proposal in the New Jersey Legislature would prohibit employers from asking job applicants about their gender during the early stages of the hiring process.
Assemblywoman Shama A. Haider introduced the measure to limit gender-based questions and protect applicants from potential discrimination.
The bill would make it illegal for employers to include questions about gender on job applications or to ask about it during initial interviews.
Under the proposal, employers could only request gender information after the first interview stage and only when required to comply with state or federal reporting rules.
Violations would carry fines of up to $1,000 for a first offense, $5,000 for a second, and $10,000 for subsequent violations, enforceable by the Commissioner of Labor and Workforce Development.
Applies to businesses with 15 or more employees
The measure would cover public and private employers operating in New Jersey with at least 15 employees for 20 weeks or more per year. It also includes job placement agencies, labor organizations, and government entities at the state and local level.
The bill explicitly protects applicants from any adverse employment action taken on the basis of gender and clarifies that “gender” includes sex, gender identity, and gender expression under existing civil rights law.
Exceptions for bona fide occupational needs
The only exception to the restriction applies when gender is a bona fide occupational qualification—such as roles where it is essential to the normal operation of a business or organization.
If enacted, the legislation would take effect on the first day of the sixth month following its signing, giving employers time to adjust hiring procedures and update applications to comply with the new rule.
Key Points
- Bill bans employers from asking about gender during the initial job application process.
- Applies to employers with 15 or more workers, including public agencies and labor groups.
- Fines range from $1,000 to $10,000 for repeated violations.
