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Wednesday, December 18, 2013

What Do You Think? NJ Considering Ban on Asking Job Applicants if they were ever Convicted of a Crime

WHAT DO YOU THINK?
Do you think that employers should be permeated to ask job applicants if they have ever been convicted of a crime? What if they job involves sensitive, personal information like bank account information or health care? Please post your thoughts on the proposed law.
PROPOSED LAW
A New Jersey legislative committee has endorsed a measure that would generally bar an employer from asking about a job applicant's criminal history before a conditional offer of employment is made.
The Assembly Labor Committee on Monday voted 6-3 to pass the "Opportunity to Compete Act," A-3837, and send it to the full house for approval.
Known as the "ban the box" law, it is designed to prevent disqualification at the onset of those who answer "yes" to the question of whether they have ever been convicted of an offense. The sponsors, citing studies by the American Academy of Political and Social Science, say a criminal record can reduce the likelihood of a job callback or offer by at least 50 percent.
The law would eliminate the box on job applications that ask applicants if they have been convicted of a crime. Only if a conditional offer of employment is made could an employer inquire about an applicant's criminal history and conduct a criminal background check. The employer would be required to provide notice of intent and obtain consent before conducting a background check.
If this bill is passed in NJ many other states across the country could follow suit. 
If you would like more information about this topic or have general legal questions, please feel free to contact me at (973)949-3770 or via email at plamont@peterlamontesq.com We answer legal questions on a daily basis and would be happy to discuss any issues or questions that you have with you.  Offices in: New Jersey New York, Colorado & Puerto Rico.  Affiliated throughout the country.
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