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  • NJ S678
  • Requires local government units to certify compliance with certain federal hiring requirements when filing annual budgets.
Introduced
(1/12/2016)
In Committee
(6/15/2017)
Crossed Over
(3/13/2017)
Passed
(6/22/2017)
Signed
(8/7/2017)
Dead/Failed/Vetoed
2016-2017 Regular Session
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.
2nd Reading in the Assembly, 2nd Reading in the Senate, Bills and Joint Resolutions Signed by the Governor, Community and Urban Affairs, Passed both Houses, Passed Senate
Approved P.L.2017, c.183.  (on 8/7/2017)
 
 

Date Chamber Action Description
8/7/2017 A Approved P.L.2017, c.183.
6/22/2017 A Passed Assembly (Passed Both Houses) (55-18-2)
6/22/2017 A Substituted for A4967
6/15/2017 A Reported out of Assembly Committee, 2nd Reading
6/15/2017 Assembly State and Local Government Hearing (19:00 6/15/2017 )
3/16/2017 A Received in the Assembly, Referred to Assembly State and Local Government Committee
3/13/2017 S Passed by the Senate (30-0)
2/27/2017 Senate Community and Urban Affairs Hearing (19:00 2/27/2017 *Revised 2/21/2017 (S2579 and SJR16/AJR76) added)
2/27/2017 S Reported from Senate Committee, 2nd Reading
2/27/2017 Senate Community and Urban Affairs Hearing (19:00 2/27/2017 )
1/12/2016 S Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee
Date Motion Yea Nay Other
Detail 6/22/2017 Assembly Floor: Substitute For A4967 (Voice Vote) 0 0 0
Detail 6/22/2017 Assembly Floor: Third Reading - Final Passage 55 18 7
Detail 3/13/2017 Senate Floor: Third Reading - Final Passage 30 0 10
Detail 2/27/2017 Senate Community and Urban Affairs Committee: Reported Favorably 4 0 1