New Jersey Passes Bill to “Ban-the-Box” for Criminal History

(Last Updated On: September 27, 2018)

criminal history

Special Announcement to all State of New Jersey employers:

Effective March 01, 2015, the State of New Jersey will impose, among other things, “Ban-the-Box” legislation. This law restricts employers in the state from asking about or obtaining criminal history information on an applicant.

Under the law, the following restrictions, among others, will apply:

(1) An employer shall not require an applicant for employment to complete an employment application that makes any inquiries regarding an applicant’s criminal history during the initial employment application process.

(2) An employer shall not make any oral or written inquiry regarding an applicant’s criminal history during the initial employment application process.

There are several exceptions to this law, including when the position being hired for is required by law to exclude applicants with certain criminal convictions.

The full text of the legislation is available here: New Jersey Assembly Bill 1999

This law will require a review of the hiring process in place and may require changes to that process. 

In order to comply with this law, Justifacts recommends that you consult with your legal department. This will help your company determine what changes, if any, need to be made to your hiring process.

 

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. We go to great lengths to make sure our information is accurate and useful. We recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.

 

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