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The Use of Criminal History in Hiring

New Jersey's Opportunity to Compete Act: "Ban the Box" Movement

Introduction to the "Ban the Box" Movement

New Jersey recently joined the growing movement to “Ban the Box.” This initiative aims to support reentry for individuals who have served their time and to ensure fair employment opportunities for those with criminal convictions. In August 2014, New Jersey became one of seven states to limit the use of criminal history in the employment application process by enacting the Opportunity to Compete Act.

Overview of the Opportunity to Compete Act

The Opportunity to Compete Act imposes restrictions on how employers can consider and investigate the criminal backgrounds of applicants. Specifically, it prohibits employers from:

• Posting job advertisements that explicitly exclude applicants with arrest records or convictions.

• Inquiring about an applicant's criminal history during the initial stages of the application process.

Employers are allowed to conduct background checks or ask about criminal history only after the first interview. This rule also applies to professions requiring background checks, such as nursing and teaching, where inquiries about criminal history are deferred until post-interview. Additionally, employers are not permitted to ask about records that have been expunged or cleared by pardon.

Exceptions and Enforcement

Certain positions related to law enforcement and homeland security are exempt from these restrictions due to the sensitive nature of these roles. The law is applicable to both public and private employers with a workforce of 15 or more employees and is set to go into effect on March 1, 2015.

Although the law does not grant individuals the right to sue employers who violate its provisions, aggrieved applicants can file an administrative complaint. Civil penalties for non-compliance can range from $1,000 for a first offense to up to $10,000.

Seek Legal Assistance

If you believe you have been discriminated against based on your criminal background, it's crucial to seek legal advice promptly. The law firm of John J. Zidziunas & Associates offers experienced NJ employment discrimination attorneys to review your case. For more information or to get in touch, please Contact Us.

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