NJ Adopts Final Regulations on Criminal Background Inquiries

New Jersey has promulgated its final ban-the-box regulations, clarifying the law passed on March 1, 2015, which severely restricted public and private employers with 15 or more employees from inquiring into an applicant’s criminal background at the beginning of the hiring process. Under the law, employers cannot ask about an applicant’s criminal history on the job application and during the first interview with the applicant. The law also prohibits employers from posting or advertising that a position requires a clean criminal record. The law does not apply to positions where another law requires a criminal background check or if the job is predicated upon a specific criminal background history. Covered employers should modify their applications and recruitment policies and practices to ensure compliance with the law.

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