On June 26, 2014, the New Jersey Assembly passed the
“Opportunity to Compete Act.” The
Legislature is joining a national trend to create “ban the box” legislation
that would eliminate the check box on job applications asking whether the
applicant has been convicted of a crime.
The bill would prohibit certain employers from inquiring
as to an applicant’s criminal record during the “initial application
process.” Therefore, an employer would
only be permitted to ask, either orally or in writing, about the applicant’s
criminal background after the initial interview with the applicant. Failure to comply with the legislation’s
mandates would result in civil penalties.
Both Houses have now passed the bill, which is pending
Governor Christie’s review and signature.
Connell Foley’s labor and employment law attorneys will continue to
track this pending legislation.
