Last year, we discussed a law that was proposed in New Jersey that would ban the placement of criminal history checkboxes on employment applications. Newark, Atlantic City and several states already have such bans in place, but the idea has been very controversial at the New Jersey state level. A New Jersey Assembly panel was scheduled to consider the bill on Monday.

The Opportunity to Compete Act is designed to prevent employers from inquiring into applicants’ criminal histories early in the job application process. As it stands, a number of skilled candidates are never considered for job openings because their criminal backgrounds disqualify them as soon as they turn in their applications.

Under the Opportunity to Compete Act, New Jersey residents who have criminal histories would have more of a chance to compete for jobs. Employers would not be allowed to run criminal background checks on applicants before or during the interview process.

Employers would be allowed to run a background check only after extending a conditional job offer, upon receiving the applicant’s consent. This would allow applicants to be considered for jobs based upon their qualifications and not preconceived notions about their past.

The current version of the bill states that employers that would violate this ban could face up to $7,500 in penalties.

Some in the business community are against the bill, arguing that employers should have the right to discriminate against those with criminal histories. Proponents, however, maintain that the bill eliminates an unfair employment obstacle and that it would allow many New Jersey residents the ability to compete better for jobs.  The current system represents a “Catch 22” for former offenders.  Without a job, they are unable to provide for themselves or their families.  With an early criminal background check, most former offenders will not get a second look.

Passage of this bill into law would extend employment rights in New Jersey in a small but symbolically important way.  And for some former offenders, an employer’s second look may make all the difference in the world. We will see what happens next.

Source: NJ.com, “N.J. Assembly panel to take up bill that would ban employers from asking about applicants’ criminal histories until job offer,” Matt Friedman, Dec. 11, 2013