We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.
STATE LAWS — PUBLIC AND PRIVATE SECTOR
Who must follow: This ban-the-box law applies to all employers in the State of New Jersey who have at least 15 employees and either do business in, employ people in, or take applications for employment within the State of New Jersey.
Timing of inquiry: Employers in New Jersey may not inquire into criminal history until after the first interview.
Adverse action implications:
Consideration of records. Employers are prohibited from considering expunged or pardoned convictions when making an employment decision.
Pre-adverse action. As a best practice, employers should include New Jersey’s Summary of Rights with each pre-adverse action notice.
NOTE: This state law preempts any other local or county ban-the-box law in New Jersey.
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