New Jersey Clarifies Their "Ban the Box" Ordinance

The act became effective in March, 2015. 

The regulations¹ clarify certain key aspects of the Act as listed below:

• Employers of 15 or More Employees Are Covered: The Act applies to employers who employ 15 or more employees, regardless where those employees are actually located.  The 15 employees do not all have to be in New Jersey.
• Use of Multi-State Forms Is Permitted: Multi-state employers who use uniform employment applications and forms in multiple jurisdictions may include a question regarding criminal records on an employment application, so long as immediately before the question there is a statement that “an applicant for a position the physical location of which will be in whole, or substantial part, in New Jersey is instructed not to answer this question” until after the first interview.  This requirement is the stark opposite of the recent requirements in New York City and Philadelphia that effectively prohibit multi-state forms with state-specific carve-outs like the one permitted here.  
• “Interview”: Since employers are prohibited from inquiring into an applicant’s criminal record until after the first interview, the regulations clarify that an “interview” means “any live, direct contact by the employer with the applicant, whether in person, by telephone, or by video conferencing, to discuss the employment being sought or the applicant’s qualifications.” It does not mean solely “the exchange of e-mails or the completion of a written or electronic questionnaire.”
• Internet Searches Are Prohibited:

The City of Philadelphia Expands Their "Ban the Box" Law

On December 15, 2015, Philadelphia Mayor Michael Nutter amended the city’s current “ban the box” law Fair Criminal Records Screening Standard§ 9-3504 to expand the number of employers it covers and increase restrictions on the use of criminal background checks during the hiring process. The amendments take effect in just 90 days from December 15, 2014 and make several noteworthy changes to the city’s original Fair Criminal Screening Standards Ordinance enacted in 2012.

Here are some highlights. 

Inquiry into criminal background - post offer of employment.

Employer can only consider convictions within the last seven years (or release from confinement).

If applicant is rejected he/she must be advised as to why and be provided a copy of the record

The employer shall allow the applicant ten (10) business days to provide evidence of the inaccuracy of the information or to provide an explanation.

The following is a detailed list of the terms within the act. 

(1) In connection with the licensing or employment of any person, it shall be an unlawful discriminatory practice for a City agency or private employer to make any inquiry regarding or to require any person to disclose or reveal any criminal convictions during the application process. The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has [accepted an employment application] extended a conditional offer of employment to the applicant. The inquiry prohibited by this Section shall include any question regarding the applicant’s willingness to submit to a background check.

Aurico Repeats #1 Rank in HRO Today’s Baker’s Dozen Customer Satisfaction Ratings

Aurico has claimed the top spot in the 2015 HRO Today's Baker's Dozen Customer Satisfaction Ratings for the second year in a row.  Ben Goldberg, President of Aurico, said, "This is a gratifying time for Aurico. To rise to the top of this list once, is a stunning achievement. To win this honor a second time is a clear endorsement of the level of excellence we provide on a day to day basis."

Aurico Webinar: E-Verify . . . Form I-9's Companion

Aurico will be hosting an upcoming Webinar on E-Verify on Wednesday, December 16th at 1:00pm CST.  This webinar is the accompaniment to the previous Form I-9 webinar on October 29th.  The I-9 webinar can be accessed HERE.  The Webinar will focus on the following topics

• Your responsibility in regards to E-Verify
• Directives from the National Archives and Records Administration (NARA)
• Complying with the retention and disposal schedule of NARA
• The earliest you can run an E-Verify case and more . . .

REGISTER HERE to secure your seat for this informative presentation on E-Verify.

Aurico Webinar: "Ban the Box" - How to Comply with the New Regulations

Aurico will be hosting an upcoming Webinar on"Ban the Box" regulations Thursday, December 3rd at 1:00pm CST.  The Webinar will focus on the following topics:

• General overview of "Ban the Box"
• Recent state and municipal laws that restrict pre-employment inquiries into criminal and credit history
• How this new legislation impacts employers
• Best practices for creating a background check process compliant with local and city laws.

REGISTER HERE to secure your seat for this informative presentation on "Ban the Box" compliance.

President Obama Announces Ban the Box for Federal Government Employers

On November 3, 2015, President Obama announced an order to all Federal Government Employers to “Ban the Box” -remove the criminal question from the initial application process.  The criminal question may still be asked later in the process. As with most cities and states “Ban the Box” legislation and can be asked after a conditional job offer has been extended. 

This order impacts federal employers and not private employers; however, the President has encouraged all employers to “Ban the Box”.  Many cities, states and counties across the country have already passed legislation for private employers including:  Baltimore, Maryland; Buffalo, New York; Columbia City, Missouri; Hawaii; Illinois; Massachusetts; Minnesota; Montgomery County, Maryland; Nebraska; New Jersey; New York City, NY; Oregon ( 01-2016); Philadelphia, Pennsylvania;  Prince George’s County, Maryland; Rhode Island; Rochester, NY; San Francisco, California; Washington D.C.; and  Washington State

The White House says it is “encouraged” by such legislation in a new statement, but emphasizes the president’s order will take immediate action, mandating that the federal government’s HR department “delay inquiries into criminal history until later in the hiring process.”

Employer Considerations

Aurico recommends that employers review their job applications on a regular basis with their legal counsel along with a review of the updated criminal guidance regarding consideration of arrest and conviction records under Title VII of the Civil Rights Act of 1964.


NOTE: Aurico Reports Inc. is not a law firm. Nothing presented in this communication is intended or should be construed as legal advice. You should always seek the advice of your own legal counsel.

EEOC vs. BMW - U.S. District Court enters a Consent Decree against BMW

On September 8, 2015, The U.S. District Court for the District of South Carolina entered a consent decree ordering BMW Manufacturing Co., LLC (BMW) to pay $1.6 million and provide job opportunities to alleged victims of race discrimination as part of the resolution of a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit alleged that BMW excluded African-American logistics workers from employment at a disproportionate rate when the company's new logistics contractor applied BMW's criminal conviction records guidelines to incumbent logistics employees. According to the lawsuit, BMW ordered the new logistics company to perform criminal background checks on all existing logistics employees who had to re-apply with the company in order to continue to work on the BMW contract. Allegedly, BMW’s criminal conviction records guidelines excluded from employment all persons with convictions in certain categories of crime, regardless of how long ago the employee had been convicted or whether the conviction was a felony or misdemeanor.

According to the complaint, after the criminal background checks were performed, BMW learned that approximately 100 incumbent logistics workers at the facility, including employees who had worked at there for several years, did not pass the screen. EEOC alleged that 80 percent of the incumbent workers disqualified from employment as a result of applying BMW's guidelines were black. 

Following an investigation, EEOC filed suit alleging that blacks were disproportionately disqualified from employment as a result of the criminal conviction records guidelines. EEOC sought relief for 56 African-Americans who were discharged. BMW has since voluntarily changed its guidelines.  

The Consent Decree includes: