Support through your toughest HR challenges: A network of 285,000 HR professionals.
Shawn Premer shows how doing the right thing for employees leads to positive business results.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 12 cities across the U.S. this spring.
#SHRM18 will expand your perspective – on your organization, on your career, and on the way you approach HR. Join us in Chicago June 17-20, 2018
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
Effective March 1, 2015, New Jersey employers of 15 or more may not ask job applicants about their criminal history records until after an applicant has been interviewed and selected as the first choice to fill the position. New Jersey’s “Ban the Box” law also bars companies from knowingly or purposefully publishing employment advertisements stating that the company will not consider a candidate who has been arrested for or convicted of a crime or offense.
In both situations, the law provides exceptions for 1) positions in law enforcement, corrections, the judiciary, homeland security, or emergency management; 2) positions in which a criminal history record background check is required by law; 3) positions which, by law, preclude employment of a person with an arrest for or a conviction of a crime or offense; 4) employers that are restricted from specified business activities based on the criminal record of its employees; and 5) the employment sought or being considered is for a position designated by the employer to be part of a program or systematic effort designed to encourage the employment of persons who have been arrested for or convicted of crimes or offenses.
Employers may still inquire about criminal history after the initial stages of the employment process, however.
According to the National Employment Law Project, an employee advocacy group, a total of 16 states and 100 cities and counties have now passed similar legislation.
Diane Cadrain is an attorney who has been writing about employment law issues for more than 20 years.
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
SHRM Member Discounts Program
SHRM’s HR Vendor Directory contains over 3,200 companies