Bill Text: NJ A4967 | 2016-2017 | Regular Session | Introduced
Bill Title: Requires local government units to certify compliance with certain federal hiring requirements when filing annual budgets.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2017-06-22 - Substituted by S678 [A4967 Detail]
Download: New_Jersey-2016-A4967-Introduced.html
Sponsored by:
Assemblywoman BLONNIE R. WATSON
District 29 (Essex)
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex)
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
SYNOPSIS
Requires local government units to certify compliance with certain federal hiring requirements when filing annual budgets.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring local government units to certify compliance with certain federal hiring requirements when filing annual budgets and amending N.J.S.40A:4-5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:4-5 is amended to read as follows:
40A:4-5. The governing body shall introduce and approve the annual budget:
a. In the case of a county, not later than January 26 of the calendar fiscal year.
b. In the case of a municipality, not later than February 10 of the calendar fiscal year; and, in the case of a municipality which operates on the State fiscal year, not later than August 10.
The budget shall be introduced in writing at a meeting of the governing body. Approval thereof shall constitute a first reading which may be by title. Three certified copies of the approved budget shall be transmitted to the director, within three days after approval, together with the governing body's certification that the local unit's hiring practices comply with the "Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964," as amended, 42 U.S.C. § 2000 et seq. (Apr. 25, 2012).
Upon the approval of the budget by the governing body, it shall fix the time and place for the holding of a public hearing upon the budget.
(cf: P.L.1994, c.72, s.7)
2. This act shall take effect immediately.
STATEMENT
This bill requires the governing body of each local unit of government to certify that the local unit's hiring practices comply with the "Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964."
The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964 (Title VII) which prohibits employment discrimination based on race, color, religion, sex, or national origin. The EEOC issued this Enforcement Guidance as part of the its efforts to eliminate unlawful discrimination in employment screening, for hiring or retention, by entities covered by Title VII, including local governments.
The Enforcement Guidance states that:
In the last twenty years, there has been a significant increase in the number of Americans who have had contact with the criminal justice system and, concomitantly, a major increase in the number of people with criminal records in the working-age population. . . . Arrest and incarceration rates are particularly high for African American and Hispanic men. . . . The Commission intends this document for use by employers considering the use of criminal records in their selection and retention processes; by individuals who suspect that they have been denied jobs or promotions, or have been discharged because of their criminal records; and by EEOC staff who are investigating discrimination charges involving the use of criminal records in employment decisions.
The EEOC enforces Title VII, which prohibits employment discrimination based on race, color, religion, sex, or national origin. Having a criminal record is not listed as a protected basis in Title VII. Therefore, whether a covered employer's reliance on a criminal record to deny employment violates Title VII depends on whether it is part of a claim of employment discrimination based on race, color, religion, sex, or national origin.
By requiring local governing bodies to annually certify that they abide by the Enforcement Guidance, this bill will bring greater attention to its requirements and encourage local government units to implement and review their employment practices to comply with the requirements.
