- 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.
The firm is a sponsor of the Police Benevolent Association’s 4th Annual Sporting Clay Fundraiser. The event takes place at Lehigh Valley Sporting Clays on April 15.
Mason, Griffin & Pierson, P.C. is pleased to support the 125th anniversary of The Children’s Home Society of New Jersey. The gala event takes place April 6th at Cherry Valley Country Club in Skillman, New Jersey. The Children’s Home Society of New Jersey is a nonprofit organization which helps at-risk children of all ages and families achieve their potential by protecting abused or neglected children and by strengthening families. In memory of Meta A. Griffith, the event will honor the Meta A. and William S. Griffith Foundation.
Robbinsville Township hosts its 2019 State of Robbinsville Township Address on April 30th. The fundraiser benefits the Mercer Street Friends “Send Hunger Packing” Program. Mercer Street Friends serves more than 20,000 families throughout Mercer County who face poverty. Its programs target education, food insecurity, parental and family wellness and youth enrichment opportunities. Mason, Griffin & Pierson, P.C. is a sponsor of the event.