Law / United States / 
New Jersey
Law Against Discrimination: employer limits on genetic information and genetic testing
Law Against Discrimination, genetic information in employment, N.J. Stat. §§ 10:5-5 and 10:5-12(a)
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- Do not refuse to hire or employ an individual, bar or discharge an individual, require an individual to retire, or discriminate against an individual in compensation or in terms, conditions or privileges of employment, because of the individual's genetic information (N.J.S.A. 10:5-12(a)).
- Do not take those actions because an individual refuses to submit to a genetic test, or to make available the results of a genetic test, to you as employer (N.J.S.A. 10:5-12(a)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Section 10:5-14.1a sets the penalty for a violation of the Law Against Discrimination at an amount not exceeding $10,000 if the respondent has no adjudged prior violation within the five-year period ending on the filing of the charge, $25,000 if it has one other adjudged violation within five years, and $50,000 if it has two or more adjudged violations within seven years. The director determines the amount in the order that follows a finding of an unlawful discrimination or an unlawful employment practice.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 10,000
Who enforces it
Enforcement body
Director of the Division on Civil Rights, who determines the penalty in an order following a finding of an unlawful discrimination or an unlawful employment practice.
What this law does
It is an unlawful employment practice for an employer, because of an individual's genetic information, or because the individual refuses to submit to a genetic test or to make available the results of a genetic test to the employer, to refuse to hire or employ, to bar or discharge, or to discriminate against the individual in compensation or in terms, conditions or privileges of employment.
Genetic information means the information about genes, gene products or inherited characteristics that may derive from an individual or family member. A genetic test is a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or proteins in order to identify a predisposing genetic characteristic.
Employer includes all persons unless otherwise specifically exempt under another section of the Law Against Discrimination, and includes the State, any political or civil subdivision thereof, and all public officers, agencies, boards or bodies. Section 5 of P.L.1996, c.126 amended section 11 of P.L.1945, c.169 (C.10:5-12), which lists genetic information among the protected grounds.
A person who violates the Law Against Discrimination is liable, in addition to any other relief, for a penalty not exceeding $10,000 if the respondent has no adjudged prior violation within five years, $25,000 if it has one other adjudged violation within five years, and $50,000 if it has two or more adjudged violations within seven years, determined by the director in an order following a finding of an unlawful employment practice.
P.L.2001, c.254 amended section 2 of P.L.1983, c.412 (C.10:5-14.1a), the penalty section of the Law Against Discrimination. P.L.2001, c.254 was approved on and took effect immediately. P.L.1996, c.126 was approved on and took effect immediately.
When LexLint raises it
When your app profile says your app makes employment decisions.