Bill Text: NJ A5036 | 2016-2017 | Regular Session | Amended

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Bill Title: Prohibits certain employment discrimination based upon expunged criminal record.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2017-12-07 - Substituted by S3306 (1R) [A5036 Detail]

Download: New_Jersey-2016-A5036-Amended.html

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[First Reprint]

ASSEMBLY, No. 5036

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED JUNE 19, 2017

 

 

Sponsored by:

Assemblyman  JERRY GREEN

District 22 (Middlesex, Somerset and Union)

Assemblywoman  ELIZABETH MAHER MUOIO

District 15 (Hunterdon and Mercer)

Assemblyman  JAMEL C. HOLLEY

District 20 (Union)

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Prohibits certain employment discrimination based upon expunged criminal record.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on June 29, 2017.

  

An Act concerning certain employment rights of persons with expunged criminal records and amending P.L.2014, c.32.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

      1.   Section 4 of P.L.2014, c.32 (C.34:6B-14) is amended to read as follows:

      4.   a. Except as otherwise provided in section 6 of [this act] P.L.2014, c.32 (C.34:6B-16):

     (1)   An employer shall not require an applicant for employment to complete any employment application that makes any inquiries regarding an applicant's criminal record, including an expunged criminal record, during the initial employment application process.

     (2)   An employer shall not make any oral [or] ¹[,] or¹ written ¹[, or online]¹ inquiry regarding an applicant's criminal record, including an expunged criminal record, ¹or use an online application that requires the disclosure of an applicant's criminal record, including an expunged criminal record,¹ during the initial employment application process.

      b.   Notwithstanding the provisions of subsection a. of this section, if an applicant discloses any information regarding the applicant's criminal record, by voluntary oral or written disclosure, during the initial employment application process, the employer may make inquiries regarding the applicant's criminal record during the initial employment application process.

      c.    Nothing set forth in this section shall be construed to prohibit an employer from requiring an applicant for employment to complete an employment application that makes any inquiries regarding an applicant's criminal record after the initial employment application process has concluded or from making any oral or written inquiries regarding an applicant's criminal record after the initial employment application process has concluded.  The provisions of this section shall not preclude an employer from refusing to hire an applicant for employment based upon the applicant's criminal record, unless the criminal record or relevant portion thereof has been expunged or erased through executive pardon, provided that such refusal is consistent with other applicable laws, rules and regulations.

(cf:  P.L.2014, c.32, s.4)

 

     2.    This act shall take effect immediately.