EEOC Protected Classes

On September 19, 2012, the Newark, New Jersey Municipal Council passed Ordinance 12-1630, "which limits employers' ability to conduct criminal background checks." The ordinance went into effect November 18, 2012 and "prevents employers with five or more employees who do business, employ persons or take applications for employment in the City of Newark, from asking applicants about their criminal history." The employer "can only perform the background check after a conditional offer has been made and the employer makes a 'good faith determination' that the job position is of a sensitive nature." Sensitive nature is, however, not defined. In fact, if an employer is permitted to make a criminal history inquiry in connection with any employment decision, the employer first must provide the individual with written notice. The notice must advise: (1) that the employer will conduct the criminal history inquiry upon the written consent of the individual; and (2) if any adverse employment...(Read Full Article)