Pre-Employment Inquiries and Arrest & Conviction
Employers are also not allowed to advertise job positions with the caveat that the employer will not consider applicants with criminal histories. However, the Act may still be considered somewhat ineffective. Also, the Act does not actually prohibit an employer from refusing to hire an individual based upon her criminal record — it only prohibits the inquiry at the beginning stage of the application process.
The Act generally applies to New Jersey employers with 15 or more employees. However, it does not apply to positions in law enforcement, corrections, the judiciary, homeland security, emergency management, or other positions which may be designated by law to be unfit for those with criminal histories.
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Ex-offender Hiring Rules and Regulations. Here are a few important mandates of the law: The law prohibits an employer from requiring that an applicant complete an application that asks about an applicant's criminal record during the initial application process. The law prohibits an employer from making any oral or written inquiry regarding an applicant's criminal record during the initial employment application process.
The "initial employment application process" identified in the law ends when the employer has conducted a first interview of the job applicant, after which inquiries regarding an applicant's criminal record may be made by the prospective employer. The law prohibits employers from producing solicitations for a position that state the employer will not consider anyone who has a criminal record.
The act sets a statewide standard for criminal history inquiries in the employment context by preempting all local ordinances, thereby making it easier for employers across the state to comply. Exceptions to the law include: when the position sought is in law enforcement, corrections, the judiciary, homeland security, or emergency management. Search "For Jobseekers".