The purpose of Ban the Box is to give you a better chance of getting a job. There are many different types of Ban the Box laws. All of them stop an employer from asking you about having a criminal record on a job application. Typically, employers are permitted to inquire about your criminal record at a later stage in the hiring process.
What is New Jersey’s Opportunity to Compete Act?
New Jersey’s Opportunity to Compete Act, passed in 2014, is a statewide “Ban the Box” law. If you are seeking employment in the state of New Jersey, you are covered by this act.
What employers does the Opportunity to Compete Act apply to?
The Opportunity to Compete Act applies to any person, company, corporation, firm, labor organization, or association that has 15 or more employees over 20 calendar weeks and does business, employs people, or takes applications for employment within New Jersey. Thus, it applies to both private employers and public employers, including the state, county, and local government bodies.
When can an employer ask about my criminal record?
When seeking employment in the state of New Jersey, an employer cannot require you to complete any job application that asks about your criminal record. Throughout the initial application process, an employer cannot make a written or spoken inquiry about your conviction or arrest history. However, if you decide to disclose any information about your record, either written or oral, during the initial application process, an employer may ask questions at that time.
Can an employer advertise that they are only looking for applicants without a criminal record?
No, it is unlawful for an employer to purposefully publish any advertisement that explicitly states that the employer will not consider any applicant who has been arrested or convicted of one or more crimes or offenses.
Are there any exceptions to the Opportunity to Compete Act?
Yes, there are certain exceptions to the Opportunity to Compete Act. You may be asked about your criminal record earlier in the application process if the position is:
- Law enforcement
- Corrections
- The judiciary
- Homeland security
- Emergency management
- Requires a record check by law, rule, or regulation
- Designed by the employer to be part of a program or systematic effort to encourage the employment of people with arrest or conviction records.
Are there any cities in New Jersey that have their own “Ban the Box” Laws?
Yes, Newark and Atlantic City both have “Ban the Box” laws. However, their specific regulations only apply to the public sector (city-wide government agencies).