The selection and search practices for employment vacancies at The College of New Jersey must be free of discrimination or the appearance of discrimination. Pre-employment inquiries during the selection process should be directly related to the advertised position and qualifications outlined.
As a general rule, all applicants should be treated in a similar manner. It is important to maintain consistency relative to the questions posed to each candidate and in determining the requirements for the advancement of each candidate through the process.
Federal and state laws combine to prohibit discrimination in employment based on race, color, religion, ancestry, national origin, age, marital status, affectional or sexual orientation, sex, disability, or liability for service in the Armed Forces.
The following laws prohibit employment discrimination:
- New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq.
- Chapter 7 of New Jersey Department of Personnel Law, N.J.S.A. 11A:7-1 et. seq.
- Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et. seq., as amended
- Age Discrimination in Employment Act, 29 U.S.C. 621, et. seq.
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794
- Americans with Disabilities Act of 1990, 42 U.S.C. 12101
DIRECT OR INDIRECT QUESTIONS REGARDING THE ABOVE TOPICS COULD RESULT IN AN EMPLOYMENT DISCRIMINATION LAWSUIT IF THE APPLICANT IS NOT HIRED OR PROMOTED. ASK ONLY JOB-RELATED QUESTIONS TO AVOID CONTROVERSY!
ADDITIONAL QUESTIONS TO AVOID:
- “Are you expecting/pregnant?”
- “How old are your children?”
- “Have you ever been divorced?”
- “Where were you born?”
- “What country are you from?”
- “Could you provide a photo of yourself?”
- “Do you own or rent your home?”
- Any personal questions that are not job-related should be avoided, including:
- Questions about a spouse or relatives
- Questions about one’s personal financial history
- Questions about medical condition/history
ANY INQUIRY THAT IS NOT JOB-RELATED OR NOT NECESSARY FOR DETERMINING AN APPLICANT’S ABILITY TO DO THE JOB CAN BE CONSTRUED AS WRONG AND/OR UNLAWFUL