New Jersey’s Acting Attorney General, Andrew J. Bruck, recently announced the largest enforcement action against fifteen companies across several industries for their unlawful hiring practices in violation of New Jersey’s Opportunity to Compete Act (“OTCA”), also known as the “Ban the Box Rule”. Until now, the OTCA had not been subject of heavy enforcement by the state Attorney General or Department of Labor. That appears to be changing, with this law now on regulators’ radar.
The Opportunity to Compete Act is a Christie-era law enacted in 2015 and amended in 2018 which prohibits New Jersey employers from including language about applicants’ criminal history on job postings or making similar inquiries into an applicant’s criminal history before an initial interview. The law aims to prevent a job applicant’s criminal history from serving as a permanent barrier to employment by allowing the applicant to get his/her “foot in the door” before disclosing the criminal history. Attorney General Bruck stated, “[w]ith the enforcement sweep we’re announcing today, we’re sending a clear message to employers that they need to comply with the law, so that people with criminal records can reintegrate into the community, join the workforce, and provide for themselves and their families.”
The businesses that are part of the enforcement action posted job advertisements that contained language such as, “Must maintain Criminal History free of Misdemeanors and Felonies”; “No criminal record”; “Must have a clean background check”; and “Must have a clean Background Check – no criminal convictions.”
Employers are encouraged to routinely review internal hiring protocols and job advertisements to ensure all practices and language are compliant with all applicable “Ban-the-Box” related laws.
How can Frier Levitt help my practice?
At Frier Levitt, we are on the cutting edge of legal guidance in this rapidly-changing field of law and are well-equipped to provide advice and counsel tailored to each client’s unique situation and needs. Whether your business is hiring employees, wants to ensure its policies and procedures remain compliant with these laws, Frier Levitt can provide the necessary guidance to keep you in compliance. If your business is the subject of an inquiry, investigation, or enforcement action by the state Attorney General, Department of Labor, or any other regulating body, Frier Levitt’s employment and healthcare attorneys can help you navigate the process. Call Frier Levitt today to see how we can help.
