New Jersey Governor Signs Ban the Box Legislation

New Jersey’s Governor Christie  signed the “Opportunity to Compete” Act on Monday, August 11^th, for all employers in the State of New Jersey with 15 or more employees. The new law  limits employers from any “oral or written inquiry regarding an applicant’s criminal record during the initial employment application process.”  Employers can make this inquiry after the initial interview.

 

There are exemptions to the law, which include positions:

 

1. In law enforcement, corrections, the judiciary, homeland security or emergency management;
2. Where a criminal history record background check is required by law, rule or regulation, or where an arrest or conviction by the person for one or more crimes or offenses would or may preclude the person from holding such employment as required by any law, rule or regulation, or where any law, rule or regulation restricts an employer’s ability to engage in specific business activities based on the criminal records of its employees; or
3. Designated by the employer to be part of a program or systematic effort designed predominantly or exclusively to encourage the employment of persons who have been arrested or convicted of one or more crimes or offenses.

Employers in New Jersey should review their hiring processes and documents to ensure compliance with this new law.

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