On March 1, 2015, New Jersey’s Opportunity to Compete Act
goes into effect. The law, dubbed “Ban
the Box” legislation, prohibits employers with 15 or more employees from including
a question on an employment application asking about the applicant’s criminal
background. It also prohibits employers
from inquiring about an applicant’s criminal record during the “initial employment
application process.”
The “initial employment application process” is defined as
the time period from when the applicant first inquires about an employment
position, through his/her first interview with the employer. Thus, only upon completion of the applicant’s
first interview would the employer be permitted to inquire about the
applicant’s criminal history or conduct a criminal background check. The law also prohibits employers from posting
job advertisements stating that they do not consider anyone with a criminal
background. There are exceptions for
certain positions, where a criminal background check is required by law or
where the position is part of a program designed to employ people with criminal
backgrounds.
The law is intended to create a hiring process that is
more favorable to individuals who have a criminal history by providing them an
opportunity to re-integrate into the workforce.
The law 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 lawattorneys.
