Bill
Bill > S2938
summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
2010-2011 Regular Session
Bill Summary
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 States 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 persons fitness or ability to perform the required duties or responsibilities; (4) how much time has elapsed since the offense was committed; (5) the persons 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.
AI Summary
This bill prohibits public and private employers from discriminating against individuals with past criminal convictions when considering them for employment or licenses, meaning employers cannot deny a job or license solely because someone has a criminal record or has been deemed to lack "good moral character" due to a conviction. However, this protection does not apply if there's a direct link between the past crime and the job or license, or if hiring or licensing the person would pose an unreasonable risk to property or public safety. When making these decisions, employers must consider various factors, including the state's policy to encourage hiring formerly convicted individuals, the specific job duties, how the offense relates to the job, how long ago the offense occurred, the person's age at the time of the offense, the seriousness of the crime, evidence of rehabilitation, and the employer's legitimate interest in protecting the public. A certificate of rehabilitation, which indicates a presumption of rehabilitation for specific offenses, must also be considered by employers. Importantly, this bill does not affect an employer's right to take action against an employee for intentionally misrepresenting information on an application.
Committee Categories
Justice
Sponsors (2)
Last Action
Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 06/13/2011)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S2938 | 04/25/2013 |
| Bill | https://www.njleg.state.nj.us/2010/Bills/S3000/2938_I1.HTM | 05/28/2012 |
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