New Jersey Ban-The-Box Law Limits Inquiries Into Job Applicants’ Expunged Criminal Records

Jackson Lewis P.C.
Contact

New Jersey has amended its “ban-the-box” law to prohibit inquiries into a job applicant’s expunged criminal record during the initial employment application process.

The New Jersey Opportunity to Compete Act (commonly known as the “Ban-the-Box Law”) already restricts employers from asking a job applicant about his or her criminal history during the initial employment application process. Senate Bill S-3306, signed by Governor Chris Christie on December 20, 2017, amended the Act to include an applicant’s expunged criminal record in the restriction.

S-3306 also clarifies that an employer may not utilize an “online” application that requires disclosing a criminal record or expunged criminal record during the initial employment application process. The rest of the Ban-the-Box Law is unchanged. (For details of the Ban-the-Box Law, see our articles, How to Comply with the New Jersey ‘Ban the Box’ Law and New Jersey Issues New Ban-the-Box Regulations.)

Most New Jersey employers likely interpreted the original Ban-the-Box Law’s prohibition on inquiries into criminal records during the initial application process to already include inquiries into expunged criminal records. The text of the Ban-the-Box Law, however, limits the prohibitions to oral and written inquiries into an applicant’s criminal background. To the extent confusion existed as to whether an employer could lawfully inquire into an applicant’s expunged criminal history or whether an “online” application qualifies as a “written” or “verbal” inquiry under the original law, the amendment should clarify such confusion.

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.

© Jackson Lewis P.C. | Attorney Advertising

Written by:

Jackson Lewis P.C.
Contact
more
less

Jackson Lewis P.C. on:

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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.