As we previously wrote about here, here, here, and here, the New Jersey Legislature has been considering "ban the box" legislation since February 2013. Amidst opposition from business groups, the proposed law underwent several changes over the last 16 months. On June 5, 2014, the Senate Budget and Appropriations Committee voted 9-1 to approve a significantly less onerous version of the bill. The current version of the bill, available here, now awaits approval from the full Senate.
This version prohibits employers from making verbal or written
inquiries regarding an applicant's criminal record during the
"initial employment application process." The initial
employment application process is defined as the period between an
applicant's first inquiry about prospective employment and the
conclusion of the first interview, whether in person or by other
means. After the initial employment application process, an
employer is free to inquire about and refuse to hire an applicant
because of his or her criminal record, unless the relevant crime
has been expunged and provided that such a decision is consistent
with other applicable laws, rules, and regulations. This is
significantly less onerous on employers than prior versions of the
bill, which outlined a lengthy process for criminal background
checks and enumerated the crimes about which an employer could
inquire.
The current bill also prohibits employers from publishing job
advertisements that explicitly state that applicants with arrests
or convictions will not be considered.
The bill applies to employers with 15 or more employees over 20
calendar weeks doing business in New Jersey. "Employees"
include interns and apprentices but exclude domestic service
personnel employed at someone's home, independent contractors,
and directors or trustees. Also excluded are positions in law
enforcement, corrections, the judiciary, homeland security,
emergency management, and positions where a criminal background
check is required by law, rule, or regulation, such as
bankers.
Finally, the current bill provides for civil penalties ranging
between $1,000 and $10,000 for violations. However, it explicitly
states that no private cause of action exists. If it passes, the
new law will take effect 7 months after its enactment. The
Commissioner of Labor and Workforce Development will be permitted
to take anticipatory administrative actions necessary for
implementation during that time.
We will keep you updated on any new developments with this law,
which is gaining momentum and appears likely to pass after the
recent, significant revisions.
Originally published on the Employer's Law Blog
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