A 1999 - Prohibits an Employer From Considering an Applicant's Criminal History - New Jersey Key Vote

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Title: Prohibits an Employer From Considering an Applicant's Criminal History

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Title: Prohibits an Employer From Considering an Applicant's Criminal History

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that prohibits an employer from making inquiries regarding an applicant's criminal record.

Highlights:

  • Prohibits an employer from making an inquiry regarding the criminal record of an applicant during the initial employment application process, except under the following circumstances (Secs. 4 & 6): 
    • The applicant is being considered for a positon in law enforcement, corrections, the judiciary, homeland security, or emergency management;
    • The applicant is being considered for a positon where a criminal background history check is requires by law; or 
    • The applicant is being considered for a position designed to encourage the employment of individuals who have been arrested or convicted of a crime. 
  • Prohibits an employer for refusing to hire an applicant based on their criminal record if the crime has been expunged or pardoned (Sec. 4).  
  • Classifies a violation of this act as a civil penalty, with the following fines (Sec. 9):
    • $1,000 for the first violation;
    • $5,000 for the second violation; and
    • $10,000 for each subsequent violation. 

Title: Prohibits an Employer From Considering an Applicant's Criminal History

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