New Jersey Considering Legislation Regarding the Use of Background Checks
Two bills were introduced in the New Jersey Senate and Assembly in November relating to employee background checks. The proposed bills are similar to New York Law Article 23-A, prohibiting employers from discriminating against ex-convicts. Exceptions would be allowed if there is a direct link between the nature of the conviction and job duties, as well as public safety concerns. The proposed legislation would also prohibit eliciting information from job applicants regarding prior arrests or convictions. Employers would have to notify all candidates of their intent to perform a background check within thirty (30) days of making the request, provide the candidate with the name and address of the reporting agency and allow the candidate to review the report. Further, an employer would be required to notify a candidate they reject for a position in writing the reasons for the rejection.
The bill in its entirety can be found at http://www.njleg.state.nj.us/2008/Bills/A4500/4198_I1.PDF