The Opportunity to Compete Act, N.J.S.A. 34:6B-11 to 19, went into effect on March 1, 2015. Under this new law, an employer cannot make any inquiry—either verbally or in writing, including in an employment application—about an applicant’s criminal record during the Initial Employment Application Process, unless one of the limited exceptions below applies.
The Initial Employment Application Process refers to “the period beginning when an applicant for employment first makes an inquiry to an employer about a prospective employment position or job vacancy or when an employer first makes any inquiry to an applicant for employment about a prospective employment position or job vacancy, and ending when an employer has conducted a first interview, whether in person or by any other means, of an applicant for employment.” Employers can make this inquiry after the Initial Employment Application Process has concluded (i.e., post-interview).
The Act allows employers to request criminal history information before the first interview in the following limited circumstances:
• If an applicant voluntarily discloses his or her criminal history during the Initial Employment Application Process.
• Where the applicant is seeking a position in law enforcement, corrections, the judiciary, homeland security or emergency management.
• Where the applicant is seeking a position where a criminal history record background check is required by law, rule or regulation.
• Where the applicant may be legally precluded from holding the position by virtue of his or her arrest or conviction.
• Where any law, rule or regulation restricts an employer’s ability to engage in specified business activities based on the criminal records of its employees.
• Where the applicant is seeking a position designated by the employer as part of a program designed predominately to encourage the employment of persons who have a criminal record.
Job applicants are considered for all positions without regard to race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or because of the liability for service in the Armed Forces of the United States or the nationality of any individual, or because of the refusal to submit to a genetic test or make available the results of a genetic test to an employer. The State will not tolerate any form of discrimination or sexual harassment.
The Americans with Disabilities Act of 1990 as amended prohibits employers from discriminating against any qualified person on the basis of a disability. The State of New Jersey makes reasonable accommodations during all aspects of the employment process, such as testing and interviews. The State also makes reasonable accommodations in the work environment to enable a person with a disability to perform the essential job functions and to participate equally with co-workers without disabilities. However, the State can only make reasonable accommodations when it is aware of a disability. It is up to you to inform the prospective employer if you need a reasonable accommodation. The employer may ask you for documentation to support your request for a reasonable accommodation.
The State of New Jersey is an Equal Opportunity Employer