N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-12.12
Unlawful employment practice; member of protected class
Operative Text
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.
Under N.J.S.A. 10:5-1 et seq. § 10:5-12.12, New Jersey law prohibits employers from screening job applicants who belong to a protected class on the basis of their salary history—such as prior wages, salaries, or benefits—or from requiring that an applicant's salary history meet any minimum or maximum threshold. The provision is part of the New Jersey Law Against Discrimination and applies specifically when the applicant is a member of a protected class as defined in that statute. Notably, the provision expressly excludes punitive damages as a remedy for violations of this section.
Plain English — not legal advice.
Although this provision under N.J.S.A. 10:5-1 et seq. § 10:5-12.12 is directed at employers rather than landlords in a traditional housing context, property management companies and housing-related employers should be aware that their hiring practices are covered. Compliant operators generally remove salary history fields from job applications, train hiring staff to avoid soliciting compensation history from applicants who are members of a protected class, and ensure that no compensation thresholds are used to screen such candidates. Reviewing internal recruitment workflows against the requirements of § 10:5-12.12 is a common step taken by organizations seeking to align with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While N.J.S.A. 10:5-1 et seq. § 10:5-12.12 addresses employment rather than tenancy directly, individuals who are members of a protected class and believe an employer has screened them based on salary history may have recourse under the New Jersey Law Against Discrimination. General enforcement paths include filing a complaint with the New Jersey Division on Civil Rights or raising the violation in a civil action, though it is worth noting that punitive damages are not available for violations of this specific section. Consulting a tenant-rights or workers'-rights organization familiar with the Law Against Discrimination can help individuals understand what remedies may be available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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