Bill Text: NJ S2938 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits public and private employers from discriminating against ex-convicts.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-06-13 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S2938 Detail]
Download: New_Jersey-2010-S2938-Introduced.html
Sponsored by:
Senator RAYMOND J. LESNIAK
District 20 (Union)
SYNOPSIS
Prohibits public and private employers from discriminating against ex-convicts.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting discrimination in employment against persons convicted of a criminal offense and supplementing Title 10 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The provisions of this act shall apply to any application by any person for a license or employment with any public or private employer, who has previously been convicted of one or more criminal offenses in this State or in any other jurisdiction, and to any license or employment held by any person whose conviction of one or more criminal offenses in this State or in any other jurisdiction preceded this employment or granting of a license, except where a mandatory forfeiture, disability, or bar to employment is imposed by law, and has not been removed by an executive pardon.
b. Nothing in this act shall be construed to affect any right an employer may have with respect to an intentional misrepresentation in connection with an application for employment made by a prospective employee or previously made by a current employee.
2. An application for any licensure or employment to which the provisions of this act are applicable shall not be denied by reason of the applicant's having previously been convicted of one or more criminal offenses, or by reason of a finding of lack of good moral character when such finding is based solely upon the fact that the applicant has previously been convicted of one or more criminal offenses, unless:
a. there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought; or
b. the issuance of the license or the granting of employment would involve an unreasonable risk to property or to the safety or welfare of specific persons or the general public.
3. a. In making a determination pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the public or private employer shall consider the following factors:
(1) the public policy of this State to encourage the licensure and employment of persons previously convicted of one or more criminal offenses;
(2) the specific duties and responsibilities necessarily related to the license or employment sought;
(3) the bearing, if any, that the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities;
(4) the time which has elapsed since the occurrence of the criminal offense or offenses;
(5) the age of the person at the time of occurrence of the criminal offense or offenses;
(6) the seriousness of the offense or offenses;
(7) any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct; and
(8) the legitimate interest of the public or private employer in protecting property and the safety and welfare of specific individuals or general public.
b. In making a determination pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the public agency or private employer shall also give consideration to a certificate of rehabilitation issued to the applicant pursuant to P.L.2007, c.327 (C.2A:168A-7 et seq.), which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified therein.
4. This act shall take effect on the first day of the seventh month after enactment.
STATEMENT
This bill would prohibit all public and private employers from discriminating against ex-convicts. Public and private employers would be prohibited from denying a person a license or employment because the person has previously been convicted of a criminal offense or because the person has been determined to lack "good moral character" based on a previous conviction. The bill applies to current, as well as prospective employees.
Employers would not be subject to this prohibition if: (1) there is a direct relationship between a previous criminal offense and the specific license or employment sought; or (2) issuing the license or hiring the person would involve an unreasonable risk to property or to the safety or welfare of specific persons or the general public. Employers must consider the following factors to determine if either of these exceptions apply: (1) that this State's policy is to encourage licensing and employing persons previously convicted of one or more criminal offenses; (2) the specific duties and responsibilities related to the license or employment sought; (3) the bearing, if any, the criminal offense will have on the person's fitness or ability to perform the required duties or responsibilities; (4) how much time has elapsed since the offense was committed; (5) the person's age when the offense was committed; (6) the seriousness of the offense; (7) information provided by the person showing rehabilitation and good conduct; and (8) the legitimate interest of the public or private employer in protecting the property, safety and welfare of specific individuals or general public.
Under the bill, the issuance of a certificate of rehabilitation to a person creates a presumption of rehabilitation in regard to the offenses to which the certificate applies. An employer must consider the certificate in determining whether either of the exceptions apply.
The rights of employers with respect to an intentional misrepresentation in connection with an application for employment made by a prospective employee or previously made by a current employee are not affected by the provisions of the bill.
