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

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Speaker:John J. Sarno

With the enactment of the Opportunity to Compete Act, new rules govern how and when criminal records can be used. 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.

In 2012, the Equal Employment Opportunity Commission (EEOC)  issued guidance 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 and how it relates to the EEOC Enforcement Guidance on Criminal Background Checks.

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$55 for EANJ Members & SHRM Partners
$95 Non-Members (unlimited registrations per company)
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