The Use of Criminal Background Checks in NJ: "Ban the Box" and EEOC

Printer-friendly version

Location:EANJ Training Room
Sponsored by:EANJ

New Regulations Issued

The New Jersey Department of Labor and Workforce Development has issued regulations implementing the Opportunity to Compete Act, which was enacted in 2014.  These regulations govern how and when criminal records can be used by employers to make employment decisions. For example, unless authorized by law, rule or regulation, employers with 15 or more employees over 20 calendar weeks are prohibited from inquiring, either orally or in writing, about a job applicant’s criminal record and from requiring a job applicant to complete an application that makes such inquiries during the “initial employment application process.” After this process, an employer can use the criminal record consistent with other laws that may govern.

Additionally, the Equal Employment Opportunity Commission (EEOC)  issued guidance in 2012 stating that background checks must be “job-related and consistent with business necessity.”   The Guidance also highly recommends the use of a targeted screening process, the following 3 factors:

  1. The nature and gravity of the offense or conduct;
  2. The time that has passed since the offense, conduct, and/or completion of the sentence; and
  3. The nature of the job held or sought.

Join John Sarno, Esq, President of EANJ for a complete discussion of the Opportunity to Compete Act, the implementing regulations and how it relates to the EEOC Enforcement Guidance on Criminal Background Checks.


Registration Fees:

$75 per person(EANJ Member)
$135 for two persons from the same EANJ Member organization
$95 per person (Non-Member)


Substitutions are permitted, however in order to meet program commitments, cancellations made less than two (2) full working days before the program date or "no-shows", must be charged the full registration fee.  Cancellations should be submitted, in writing, to

Location Information:

EANJ Training Room
30 West Mount Pleasant Avenue, Suite 202
Livingston, NJ  07039

Click here for directions to the EANJ Training Room - Google Map Directions

Parking is available on a first-come first-serve basis.  We request that you only park against the rear-wall of the parking lot and not in the spaces directly in front of the building as those are reserved for tenants.  Street parking is also available but please be mindful of the signs.

Session filled to capacity

HRCI Credits pending