Employment Law Update: Amendment to New Jersey’s Ban the Box Law Clarifies Its Reach


Last year, we provided you with summary of the New Jersey Opportunity to Compete Act (the “Act”), which bans certain inquiries into an employment applicant’s criminal history during the initial employment application process. The full post can be found at Thinking Outside the Box in NJ: Employers Conducting Criminal Background Checks on Prospective Employees Must Proceed with Caution.

Governor Chris Christie has signed an amendment to the Act that clarifies two issues. First, the amendment explains that inquiries into an applicant’s criminal history includes inquiries made online, in addition to oral and written inquires. Second, the Act clarifies that it covers expunged criminal records, thereby banning employers from making inquiries about expunged criminal records during the initial employment application process.

Tags: Employment Law UpdateNew Jersey Opportunity to Compete Act


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Tracy Armstrong
Co-Chair, Employment Law Team