New Jersey “Ban The Box” Statute Signed Into Law


Employment, Benefits & Labor

On August 11, 2014, Governor Chris Christie signed into law the Opportunity to Compete Act, New Jersey’s version of “ban the box” legislation, making New Jersey the fifth state to prohibit private employers from inquiring about an applicant’s criminal history in the initial employment application process. A number of municipalities, including Philadelphia, have also adopted similar legislation.

The New Jersey law prohibits public and private employers with 15 or more employees from posting job advertisements indicating that they will not consider individuals convicted of a crime. The law also prohibits employers from inquiring about a candidate’s criminal history during the application process, such as by using a yes-or-no “checkbox” on an initial job application, or at any other time before or during the candidate’s initial interview. The law does not provide a private right of action, but employers will face stiff civil penalties for recurring violations, including a fine of up to $10,000 per violation. Accordingly, employers in New Jersey should alert individuals involved in the hiring process, as well as consider revising their employment applications to comply with this new law.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Blank Rome LLP | Attorney Advertising

Written by:


Blank Rome LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.