Privacy Law Library

Opportunity to Compete Act (criminal history inquiries in hiring)

NJ Opportunity to Compete Act

Employees

New Jersey's ban-the-box law bars covered employers from asking about an applicant's criminal record, including expunged records, on applications or otherwise during the initial application process, which ends after the first interview. Employers may ask later, or earlier if the applicant volunteers the information, but may not refuse to hire based on an expunged record.

Where

New Jersey

Citation

N.J.S.A. 34:6B-11 to 34:6B-19; P.L.2014, c.32, amended by P.L.2017, c.243

Status

In force

In force since

2015-03-01

Enforced by

New Jersey Commissioner of Labor and Workforce Development

People can sue

No

Penalties

Civil penalties of up to $1,000 for a first violation, $5,000 for a second, and $10,000 for each subsequent violation, collected by the Commissioner of Labor and Workforce Development (34:6B-19).

Applies to

• Employers with 15 or more employees over 20 calendar weeks that do business, employ people, or take applications in New Jersey, including State and local government and employment agencies (34:6B-13)