Unlawful employment practice; member of protected class.

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10:5-12.12 Unlawful employment practice; member of protected class.

2. a. Except as otherwise provided by section 1 of P.L.2019, c.199 (C.34:6B-20), if a job applicant is a member of a protected class as defined in subsection t. of section 11 of P.L.1945, c.169 (C.10:5-12), it shall be an unlawful employment practice in violation of P.L.1945, c.169 (C.10:5-1 et seq.) for an employer:

(1) to screen a job applicant based on the applicant's salary history, including, but not limited to, the applicant's prior wages, salaries, or benefits; or

(2) to require that the applicant's salary history satisfy any minimum or maximum criteria.

b. An award of punitive damages shall not be an available remedy for a violation of this section.

L.2019, c.199, s.2.


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