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ARTICLE · 26 AUGUST 2014

New Jersey "Bans The Box" Statewide

Morgan Lewis
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New Jersey joins the ranks of states that prohibit certain criminal history inquiries during the hiring process.

United StatesEmployment and HR
Thomas Linthorst
Thomas Linthorst
August Heckman III
August Heckman III

New Jersey joins the ranks of states that prohibit certain criminal history inquiries during the hiring process.

New Jersey's Opportunity to Compete Act (OTCA), signed into law on August 11, is the latest among a rising tide of "ban the box" legislation that is sweeping the nation. The intent behind the OTCA is "to assist people with criminal records to reintegrate into the community, become productive members of the workforce, and to provide for their families and themselves." The OTCA attempts to accomplish these goals by prohibiting employers from doing the following:

  • Requiring an applicant to complete an employment application that inquires into the applicant's criminal record "during the initial employment application process"

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