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Denied a Job Due to a Criminal Record in NJ? Know Your Rights

Applying for a job can be stressful, especially if you have a criminal record. But in New Jersey, laws exist to ensure you’re treated fairly and given a real chance at employment. If you’ve been denied a job because of your criminal history, you may have legal recourse under the New Jersey Opportunity to Compete Act—commonly referred to as “Ban the Box.”

NJ Employment Lawyers, LLC has helped many job seekers understand and enforce their rights under this law. If you suspect an employer unfairly rejected your application based solely on your criminal record, we can help you take the next step.

What is the NJ Opportunity to Compete Act?

The Opportunity to Compete Act (OTCA) went into effect in 2015 and applies to most public and private employers in New Jersey with 15 or more employees. The law prohibits these employers from asking about your criminal record during the initial job application process.

Specifically, employers cannot:

  • Ask about your criminal history on a job application
  • Inquire about your record during the first interview
  • Use blanket policies that automatically disqualify applicants with a criminal history

The law aims to give candidates the opportunity to present their qualifications first—without being automatically judged for past mistakes.

When Can Employers Consider a Criminal Record?

Once the initial interview stage is complete, employers may conduct background checks and inquire about your record. However, they must follow all applicable state and federal laws when doing so. They also must consider:

  • The nature and severity of the offense
  • The time that has passed since the conviction
  • Whether the offense is related to the job responsibilities

Employers who reject you after a background check must typically provide notice and give you a chance to respond or correct inaccurate information.

Signs You May Have Been Discriminated Against

If you were rejected immediately after submitting an application that asked about criminal history—or if the employer mentioned your record before a first interview—you may have grounds for a legal complaint. Red flags include:

  • Job postings that state “No felons” or “Clean record required”
  • Being asked about your record on an application or during your first interview
  • Receiving a sudden rejection with no explanation

Employers cannot create hiring policies that unfairly exclude applicants with criminal records without considering individual circumstances.

What to Do If You’re Denied a Job

If you suspect your rights under OTCA were violated:

  1. Document everything: Save the job posting, application, and any communications with the employer.
  2. Request an explanation: Politely ask the employer why you were rejected.
  3. Speak with an employment attorney: A legal professional can assess your situation and help you determine if you have a case.

How NJ Employment Lawyers, LLC Can Help

We work with individuals throughout New Jersey who’ve been denied job opportunities due to improper or discriminatory background screening practices. Our services include:

  • Evaluating your job application experience for legal violations
  • Filing complaints with the appropriate state agencies
  • Pursuing legal action when necessary to recover lost wages or damages

Don’t let one mistake from your past define your future. Learn more about your rights if you’ve been denied a job due to a criminal record in NJ and explore your legal options today.

Contact Information

NJ Employment Lawyers, LLC
101 Eisenhower Pkwy #300
Roseland, NJ 07068
(973) 358-7027

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