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15 New Jersey businesses will comply with the state's Second Chance law by removing content about criminal records from their job applications.

The Opportunity To Compete Act

New Jersey has a “Ban the Box” law known as the Opportunity To Compete Act. It is designed to help people with criminal records find employment opportunities. The Act calls for employers to remove question about criminal records from job applications and not inquire about a candidate’s criminal history during the initial hiring process.

Employers are allowed and encouraged to run criminal background checks on job seekers. This should occur after an organization conducts an interview and otherwise determines the person appears to be qualified. If a background check includes criminal records that are relevant to the position or indicate the individual could pose an undue risk, the employer can initiate the adverse action process.

Enforcement Commences

In September, 2021, the New Jersey Department of Labor and Workforce Development and the New Jersey Office of the Attorney General announced 15 employers in the state would remove any mention of criminal history from their job applications. This is part of the “largest-ever enforcement sweep under the Opportunity To Compete Act.”

Acting Attorney General Bruck commented: “Here in New Jersey, we believe that a criminal record shouldn’t be a permanent barrier to employment, and that once you’ve paid your debt to society, you’re entitled to a fair shake when looking for work. With the enforcement sweep we’re announcing today, we’re sending a clear message to employers that they need to comply with the law, so that people with criminal records can reintegrate into the community, join the workforce, and provide for themselves and their families.”

Three of the 15 employers were found to have violated the Act because their applications stipulated they will not consider applicants who have criminal records. Each one was penalized $1,000 but that amount was reduced to $250 in recognition of their cooperation.

Why The Act Was Implemented

The Opportunity To Compete Act is an example of a Second Chance law that is intended to help people re-enter society and avoid recidivism. A statement from the New Jersey Department of Law & Public Safety said it is meant to help persons with criminal histories reintegrate into the community and become productive members of the workforce.

That statement also noted the Act is designed to help eradicate racial disparities. It read: “People of color make up less than half the state’s population but more than three-quarters of its prison population. Because of such racial disparities in the criminal justice system, restrictions on job opportunities for those with criminal histories can fall disproportionately on people of color.”

Compliance With Second Chance Laws

Ban the Box and other “Second Chance” laws are becoming more common throughout the United States. They vary by location so it is essential for employers to be aware of and compliant with laws that are in effect where they operate. It is recommended to consult with legal counsel to ensure your hiring policies are up-to-date and comprehensive.

Running Background Checks

Every employer should run background checks. These reports help organizations make informed decisions by showing them if an applicant has the required education, employment history, licenses and more. They can also show if someone has serious criminal convictions that might make them ineligible for certain positions.

When you business is bringing on employees, contractors or volunteers, please contact us. Our team can help you customize screening packages for any position. We are available to assist you Monday through Friday from 5am to 6pm PT.