Gov. Chris Christie recently signed legislation that limits the ability of New Jersey employers to rely on criminal records when making employment decisions also known as “Ban the Box”.
The Opportunity to Compete Act will take effect on March 1, 2015. When the legislation takes effect, New Jersey will join a small group of states to “ban the box”, the portion of a job application form requiring disclosure of past criminal record of an applicant. The legislation has been under consideration in this state for more than two years.
Applications
The Opportunity to Compete Act prohibits employers with 15 or more employees from requiring an “applicant for employment” to complete any “employment application that makes any inquiries regarding an applicant’s criminal record during the initial employment application process.” Applications may include any forms or questionnaires that job applicants are required to complete.
Interviews
Covered New Jersey businesses are also banned from making “any oral or written inquiry regarding an applicant’s criminal record during the initial employment application process,” which is defined as “the period beginning when an applicant for employment first makes an inquiry to an employer about a prospective employment position or job vacancy or when an employer first makes any inquiry to an applicant for employment about a prospective employment position or job vacancy, and ending when an employer has conducted a first interview, whether in person or by any other means, of an applicant for employment.”
Advertisements
Under the new statute, covered employers cannot “knowingly or purposefully publish, or cause to be published, any advertisement that solicits applicants for employment where that advertisement explicitly provides that the employer will not consider any applicant who has been arrested or convicted of one or more crimes or offenses.” However, the law includes exceptions for law enforcement, corrections, the judiciary, homeland security or emergency management, as well as any other positions that legally require a criminal background check.
Violations
As highlighted in prior posts regarding New Jersey’s efforts to “ban the box,” the final law is more “employer friendly” than prior versions. In addition to eliminating a private cause of action, the final version also ensures that violations of the Opportunity to Compete Act cannot be used to establish liability under other employment statutes, such as the NJ Law Against Discrimination (LAD) or the Concerned Employee Protection Act (CEPA). Violations of the law, however, can still result in civil penalty of up to $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation.
If you have questions about the new “ban the box” law or want to ensure that your business is in compliance, please contact me or the Scarinci Hollenbeck Labor and Employment attorney with whom you work.
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
New Jersey Becomes Latest State to “Ban the Box”
Author: Robert A. Marsico
Gov. Chris Christie recently signed legislation that limits the ability of New Jersey employers to rely on criminal records when making employment decisions also known as “Ban the Box”.
The Opportunity to Compete Act will take effect on March 1, 2015. When the legislation takes effect, New Jersey will join a small group of states to “ban the box”, the portion of a job application form requiring disclosure of past criminal record of an applicant. The legislation has been under consideration in this state for more than two years.
Applications
The Opportunity to Compete Act prohibits employers with 15 or more employees from requiring an “applicant for employment” to complete any “employment application that makes any inquiries regarding an applicant’s criminal record during the initial employment application process.” Applications may include any forms or questionnaires that job applicants are required to complete.
Interviews
Covered New Jersey businesses are also banned from making “any oral or written inquiry regarding an applicant’s criminal record during the initial employment application process,” which is defined as “the period beginning when an applicant for employment first makes an inquiry to an employer about a prospective employment position or job vacancy or when an employer first makes any inquiry to an applicant for employment about a prospective employment position or job vacancy, and ending when an employer has conducted a first interview, whether in person or by any other means, of an applicant for employment.”
Advertisements
Under the new statute, covered employers cannot “knowingly or purposefully publish, or cause to be published, any advertisement that solicits applicants for employment where that advertisement explicitly provides that the employer will not consider any applicant who has been arrested or convicted of one or more crimes or offenses.” However, the law includes exceptions for law enforcement, corrections, the judiciary, homeland security or emergency management, as well as any other positions that legally require a criminal background check.
Violations
As highlighted in prior posts regarding New Jersey’s efforts to “ban the box,” the final law is more “employer friendly” than prior versions. In addition to eliminating a private cause of action, the final version also ensures that violations of the Opportunity to Compete Act cannot be used to establish liability under other employment statutes, such as the NJ Law Against Discrimination (LAD) or the Concerned Employee Protection Act (CEPA). Violations of the law, however, can still result in civil penalty of up to $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation.
If you have questions about the new “ban the box” law or want to ensure that your business is in compliance, please contact me or the Scarinci Hollenbeck Labor and Employment attorney with whom you work.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
