We frequently revise this summary of New Jersey’s background check laws and ban-the-box regulations. However, legal statutes undergo rapid changes, and we cannot ensure the accuracy of all details. It is advisable to seek guidance from your legal counsel for accurate legal advice.
FCRA
DISTRICT LAWS
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Fair Credit Reporting Act (FCRA)
The federal government established the Fair Credit Reporting Act (FCRA) to establish a benchmark for hiring practices. This legislation oversees and safeguards the interests of both employers and job applicants.
Ban-The-Box & Fair Hiring Laws
STATE LAWS — PUBLIC AND PRIVATE COMPANIES
Who must follow: The ban-the-box legislation pertains to all employers operating in the State of New Jersey with a minimum of 15 employees. These employers must conduct business within the state, employ individuals within its jurisdiction, or accept job applications within New Jersey.
Timing of inquiry: Employers in New Jersey may not inquire into criminal history until after ther first interview.
Consideration of records: Employers are prohibited from considering expunged or pardoned convictions when making an employment decision.
Adverse action implications:
- Pre-adverse action: As a best practice, employers should include New Jersey’s Summary of Rights with each pre-adverse action notice.
NOTE: This state law preempts any other local or county ban the box law in New Jersey.