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Newark, New Jersey Deals a Blow to Criminal Background Checks

By Wendy Lario on November 7, 2012
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On November 18, 2012, companies doing business in Newark, N.J., that employ five or more workers will be prohibited from conducting criminal background checks before or during the job application process. This new Newark ordinance bans companies from asking job applicants about their criminal histories, inquiring on employment applications about criminal history, and mentioning in advertisements that eligibility for employment is conditioned on an applicant’s criminal history. The law applies if the relevant position is physically located in whole or substantial part in Newark. And, the law applies whether the job position is permanent, temporary, contracted or seasonal, and whether or not the job is paid.

Read our Alert for more information about this new ordinance.

 

Photo of Wendy Lario Wendy Lario

Wendy Johnson Lario Chairs the New Jersey Labor & Employment Practice and Co-Chairs the firm’s Labor & Employment Practice’s Employment Litigation & Trials group. She represents employers in litigation involving claims of discrimination, harassment, retaliation, wrongful termination and whistleblowing, among others. She appears

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Wendy Johnson Lario Chairs the New Jersey Labor & Employment Practice and Co-Chairs the firm’s Labor & Employment Practice’s Employment Litigation & Trials group. She represents employers in litigation involving claims of discrimination, harassment, retaliation, wrongful termination and whistleblowing, among others. She appears regularly in federal and state courts in New Jersey and New York and defends employers against charges filed with the Equal Employment Opportunity Commission (EEOC), the New Jersey Division on Civil Rights (NJDCR) and the New York Division of Human Rights (NYDHR). Wendy also provides advice and training to management and in-house counsel on employment issues, including hiring, firing, harassment, misconduct, leave and attendance, employee accommodations, employment and severance agreements, executive contracts, independent contractors, internal investigations, background checks, employee handbooks and policies, social networking, reductions in force, and employer requirements under identity theft statutes. She has represented companies in the telecommunications, retail, automotive, pharmaceutical, consumer electronics and chemical industries, among others.

Wendy has appeared on national television, including CBS’s The Early Show and CNN’s Lou Dobbs Tonight. She has commented on employment law issues in The Wall Street Journal, Philadelphia Inquirer, New Jersey Law Journal, Star-Ledger, The Record, the Courier News, New Jersey Business, NJ Biz and the Asbury Park Press.

Wendy lectures extensively and conducts seminars and training sessions concerning numerous employment law issues, including anti-discrimination laws, wrongful discharge, sexual and other harassment, and diversity training. She also trains and lectures on women’s leadership, performance management, social networking, state and federal laws, including Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act, New Jersey’s Law Against Discrimination, New York’s Human Rights Act, the Family and Medical Leave Act (FMLA), New Jersey’s Family Leave Act, and New Jersey’s Conscientious Employee Protection Act.

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  • Posted in:
    Employment & Labor
  • Organization:
    Greenberg Traurig, LLP

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