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Hiring the right employee is one of the most important decisions any organization can make. However, when handled improperly, the hiring process can expose an employer to significant legal risk. Below are five key issues that employers should keep in mind to help ensure that their interviewing process is both effective and compliant with the law.

1.   Standardize the Hiring Process

Each organization should establish a consistent interview structure across all candidates for each specific position. All candidates should be asked the same core, job-related questions designed to assess qualifications, skills, and relevant experience. A standardized approach promotes fairness, reduces bias, and ensures that hiring decisions are based upon objective and legitimate factors.

2.  Take Objective Notes During the Interview Process

Interviewers should take notes during interviews that directly relate to the essential functions of the position, such as communication skills, relevant experience, and professionalism. Interview notes should remain factual and professional, avoiding subjective opinions or personal comments. If a hiring decision is later challenged, these notes may serve as key evidence demonstrating that the process was fair and lawful.

3.  Provide Appropriate Training for Managers Who Conduct Interviews

Untrained interviewers can inadvertently expose an organization to significant legal risk. Managers involved in hiring should receive regular training on lawful vs. unlawful interview questions, how to respond to accommodation requests during interviews, and appropriate documentation practices. Investing in interviewer training not only reduces the legal risk but also creates a professional and consistent experience for those being interviewed.

4.  Avoid Asking Personal Questions During an Interview

Even seemingly innocent small talk during interviews can cross legal lines and may be seen as discriminatory in nature. Interviewers should exclusively focus on questions about the essential functions of the job and whether or not the candidate can perform those job functions. Questions related to age, race, pregnancy, marital or family status, religion, disability, health conditions or national origin should be avoided.

5.  Do Not Use Automated Screening Tools Without Human Oversight

As organizations increasingly rely on automated hiring tools, it is essential to maintain human oversight. Employers remain responsible for potential algorithmic bias and must understand how screening software evaluates candidates. Regular oversight of these systems can help ensure that the software does not disproportionately exclude protected groups.


The interview process is an employer’s first chance to show its commitment to compliance, fairness, and professionalism and it sets the tone for the entire employment relationship. By implementing the strategies outlined above, an organization can create a positive experience with a focus on legal compliance.

On December 22, 2025, the New Jersey State Senate passed a pivotal bill that could drastically reshape employee leave rights and employer obligations in the state. It is essential for employers to start assessing the potential impact of this legislation, which now moves to the Assembly for review before it is presented to the governor for final signature.

Currently, New Jersey’s Family Leave Act (“NJFLA”) provides employees working at companies with 30 or more employees up to 12 weeks of leave to bond with a new child, care for a sick family member, or for other qualifying reasons, with guaranteed job reinstatement after the leave. To qualify, employees must have worked for their employer for at least 12 months and must have worked a minimum of 1,000 hours in the previous year.

The proposed bill, however, significantly eases these requirements. If passed, employees would only need to have worked for their employer for 6 months and have logged 500 hours in the past year to qualify for leave and job protection. Furthermore, the bill reduces the threshold for employers, meaning businesses with as few as 15 employees (down from the current 30) would be subject to these provisions. Since employees of public entities are already eligible for NJFLA leave regardless of the size of their employer, the only change affecting public entities would be the shortened eligibility period, six months of employment and 500 hours worked in the past year.

It is important to note that the bill does not alter the fact that employees who take NJFLA leave are eligible to receive up to 85% of their average weekly wages, subject to the maximum weekly benefit cap, while on leave through the New Jersey Family Leave Insurance (“NJ-FLI”) program.

For businesses, this legislation represents a major shift. With fewer eligibility requirements, a wider range of employees would be able to take leave with guarantees of job protection.  This could result in increased administrative responsibilities for employers, who would need to ensure compliance with these new provisions.

While a limited number of states already provide job protection for employees outside the scope of the Federal Family and Medical Leave Act (FMLA), New Jersey’s approach would position it as a leader in this area. As the bill edges closer to final approval, it is essential for businesses to start preparing for its potential passage and assess how these changes may impact their policies.

On Wednesday, December 7, 2022 from 10:00 a.m. to 12:00 p.m., Sanmathi (Sanu) Dev, Esq. and Lauren E. Tedesco, Esq. will be presenting a webinar sponsored by The Institute for Professional Development entitled, “The New Jersey Earned Sick Leave Act-What Public Employers Need To Know.” Ms. Dev and Ms. Tedesco will be speaking about The New Jersey Earned Sick Leave Act. The topics include background on the Act and what the leave can be used for. For additional information and registration, please click here.

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