New Jersey Supreme Court to Review Decision Upholding Controversial Legislative Ban on Job Ads Requiring Current Employment

As we previously reported here, the New Jersey Appellate Division upheld a 2011 law banning employers from publishing advertisements or job postings which include current employment as a requirement for the application to be reviewed, considered, or accepted by the employer. N.J.S.A. 34:8:8B-1.

On June 25, 2014, the New Jersey Supreme Court agreed to review the Appellate Division’s decision in New Jersey Dep’t of Labor and Workforce Dev. v. Crest Ultrasonics, Case No. A-0417-12T4 (N. J. App. Div. Jan. 7, 2014). The New Jersey Supreme Court framed the issue on appeal as whether N.J.S.A. 34:8B-1 restricts employers’ freedom of speech  under the state and federal constitution in forcing them to review, consider, and accept applications from those who are currently unemployed.  The court has not yet set a date for oral arguments.

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