When New Jersey residents apply for a job, they have the right to be free from discrimination in the hiring process. State and federal laws preclude employers from using factors such as a person’s race, national origin, age or gender to determine whether to hire the applicant. A New Jersey bill making its way through the State Legislature could have an effect on these rights.

Employers want to find out as much as possible about prospective workers to see if their background, temperament and skill set match those required of the open position. In some instances, this examination may extend to searches of an applicant’s social media accounts. If the bill becomes law, however, New Jersey would preclude employers from asking for password access to these accounts.

If employers are allowed to view these accounts, it potentially provides them with information that could be used to discriminate against job applicants. In particular, social media accounts can reveal characteristics, such as a person’s religion, that typically cannot be gleaned from an interview or other application materials. Employers are barred from discriminating against applicants because of their religion.

Those who break the law could be required to pay penalties of up to $2,500. In order to become enacted into law, the bill must pass the Assembly before receiving the governor’s signature. The Senate carved out an exception for law enforcement departments, which was not in the original Assembly version of the bill.

Opponents of the bill have argued that access to online accounts allows employers to examine more fully claims of sexual harassment made against applicants. Sexual harassment is also clearly prohibited by employment laws.

Source: CBS New York, “NJ Senate Approves Bills On Social Media, Employers,” Oct. 26, 2012

• Anti-discrimination laws protect people during more than just the hiring process. You can learn more by visiting our Mercer County employment discrimination page.