While NJ law clearly protects job applicants from unlawful discrimination of all kinds, including age, gender, religion, ethnicity, sexual orientation, gender identity, and/or disability, the applicant must be forthcoming where truth is required. There are cases in which this distinction is not entirely black and white, so some explanation is in order.

You were fired from your last job

This is not an uncommon scenario, and many people struggle with how or what to tell the new HR people. First, you do not have to include a job of short duration on your CV. When you reach the interview stage, however, it is best to tell the interviewer what happened before they hear it from someone else. Frame the experience in terms of lessons learned, that it was not a good fit, or that the job was not appropriate for your skill set. Avoid badmouthing the prior boss, the company, or co-workers, as this just makes you look bitter and opens new avenues of curiosity about you.

You’re pregnant

According to the law, a woman can’t be refused a job or fired for being pregnant. Is it improper or unethical to withhold this information? Most employment law attorneys for pregnant women would argue it is none of management’s business, period.  As long as the applicant is available for work, looking for work, and not disabled due to her pregnancy, there is nothing wrong with remaining silent on this issue.  Certainly, the employer and the employer’s representatives are forbidden to ask or guess or take adverse action on the belief that a woman is pregnant, even if they are right about it. Many women do not disclose pregnancy to anyone until the second trimester, so an application or an interview prior to that timeframe is not likely to generate any such thoughts on the part of HR or other employer representatives. When a woman is hired, and later decides it is time to disclose her pregnancy to the new employer, she should have a maternity leave plan well thought out.

You’re getting divorced

NJ law prohibits discriminating against employees due to their marital status, or changes in it. If you are getting divorced, your employer may be concerned about the emotional strain or time spent at the lawyers, or the reality of single parenting stress. You are not obliged to discuss these issues at all.  However, it may be a good idea to talk to your boss about it, letting them know in advance that you expect a difficult period of time. Most employers feel compassion for their team and want to know in advance where vulnerabilities may lie.  Planning produces a calming feeling in many situations, including this one.

You have a criminal record

Since 2015, New Jersey law protects most non-violent former felons from being asked to disclose in an initial interview their previous convictions for crime.  The prospective employer is barred from conducting a criminal background check in the first round of interviews.  The New Jersey Legislature’s stated public policy is that a convicted felon, who has paid his/her debt to society, should not be permanently ineligible for future employment by prospective employers’ zealous background checks.  Rather, the hope is that if the job candidate makes it to a second or third round of interviews and is in serious contention for the position, the prospective employer could decide to hire the former convict, despite learning of his or her prior criminal conviction.  Candidates for employment in law enforcement, corrections, the judiciary, homeland security, or emergency management are expressly excluded from the law’s coverage.

You are Questioned About Your Sexual Orientation or Gender Identity

The NJ Law Against Discrimination prohibits a prospective employer from asking a job candidate about his/her sexual orientation or gender identity.  The mere raising of those questions should be a red flag for any employer, and the employer’s decision not to hire will be subject to challenge, including a lawsuit for money damages and attorneys’ fees, if the plaintiff can show by direct or circumstantial proof that he/she most likely was rejected for a job based on the employer’s anti-LGBT animus.  While bona fide religious organizations/orders are exempted from this prohibition, other employers do not get the benefit of a “religious belief” defense to acts of employment discrimination.

Conclusion

By communicating as early as both practicable and wise, employers, employees, and job applicants may avoid serious workplace conflicts or lawsuits arising from them. If you have a workplace crisis or concern involving discrimination, retaliation, discipline, refusal to hire or promote, or wrongful discharge, you should promptly consult with an experienced employment law attorney for workers. At Hanan M. Isaacs, P.C. we know the law and how best to advocate for you and protect you.  Call 609-683-7400 or contact us online to set up a reduced fee initial consultation at our central New Jersey law offices.  You will be glad you did.