- Of Counsel
On August 11, 2014, Governor Chris Christie signed into law “The Opportunity to Compete Act,” also known as the “Ban the Box” bill. In an effort to remove barriers to employment for people with prior criminal records and, in turn, prevent recidivism, the law restricts employers having fifteen or more employees from inquiring into the criminal background of prospective employees and current employees applying for new positions during the “initial employment application process,” meaning the period beginning with an initial employment inquiry and ending when an employer has conducted a first interview. This prohibition extends to inquiries made through employment applications and any oral or written inquiries.
Once the initial employment application process has concluded, an employer may inquire into the criminal history of a prospective employee and is permitted to reject an applicant based upon the applicant’s criminal record. The Act also contains exceptions to the prohibition. For example, if the applicant is applying for a law enforcement position or if the applicant voluntarily discloses any information regarding his or her criminal history during the initial employment application process, the employer is then allowed to inquire about the applicant’s criminal record during the initial employment application process.
The Act specifically cites employer advertisements. Under the new law, employers are forbidden from publishing advertisements stating that applicants who have been arrested or convicted of a crime will not be considered. Local governments are also specifically addressed in the new law. They are prevented from adopting any ordinance, resolution, law or regulation regarding criminal histories in the context of employment, except for ordinances adopted to regulate municipal operations.
The Act sets forth penalties for violations– a civil penalty not to exceed $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation. These penalties are the sole remedy for violations of the Act. In other words, the Act does not create or establish private causes of action by an aggrieved person against an employer who has violated the Act.
Employers should determine if the Ban the Box law applies to them. If applicable, an employer should immediately review (and revise, if necessary) its recruitment and hiring practices and documents for compliance by March 1, 2015.
It was great to see the girls running and the community cheering them on. The bi-annual 5K race is a celebration of the participants completing the Girls on the Run curriculum, a life-changing program for 3rd through 8th grade girls that focuses on self-confidence, healthy relationships and feeling good about themselves. MG&P has sponsored Girls on the Run of Central New Jersey for many years and are so pleased to be able to sponsor them again this Spring. Nicole M. Sciotto, Esq.
On June 23, 2022, Mason, Griffin & Pierson, PC, Director, Edwin W. Schmierer, Esq., moderated a panel discussion presented by Affordable Housing Professionals of New Jersey (AHPNJ) concerning the status of affordable housing delivery for the Third Round and preparation for the Fourth Round which commences July 1, 2025. Mr. Schmierer is the President of AHPNJ. The panelists included a representative from the Fair Share Housing Center, former Executive Director of the New Jersey Housing and Mortgage Finance Agency, the Chief of Multifamily Program for NJHMFA and a professional planner who has served as a Special Court Master in 40 plus municipalities for the implementation of Third Round Affordable Housing Plans. Mr. Schmierer chairs the firm's Government Practice Group which represents over 30 municipal governing bodies, land use board and affordable housing committees throughout the State of New Jersey.