On August 11, 2014, Governor Chris Christie signed into
law the Opportunity to Compete Act, joining the national trend of “ban the box”
legislation. The Legislature passed
the underlying bill in June.
The new law prohibits employer inquiries into a job
applicant’s criminal record during the initial application process. Therefore, under the legislation, employers
cannot require applicants to complete an initial application that asks about
their criminal history, cannot post job advertisements stating that they do not
consider anyone with a criminal background, and cannot ask questions about
prior arrests or convictions during an applicant’s first interview.
The measure is designed to create a hiring process that is
more favorable to individuals who have a criminal history. The legislation imposes civil penalties for violations
of its provisions. For more information
on the new law and how it applies to your business, please contact Connell
Foley’s labor and employment law attorneys.
