New Jersey Assembly Bill A127

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Requires State employer to ascertain child abuse or sexual misconduct in employment applications for certain positions involving children; requires background checks for current and prospective employees.

Impact

The implications of Bill A127 extend to all principal departments in the state’s Executive Branch and any related authorities or boards. The bill outlines specific protocols to be followed during the employment application process, including the requirement for candidates to provide detailed employment history and consent for background checks. Failure to comply will result in disqualification from potential employment. The legislation also emphasizes the responsibility of employers to establish a public awareness campaign about these new requirements to educate both applicants and employers regarding their rights and responsibilities.

Summary

Bill A127 introduces new requirements for State employers and service providers to ensure the safety of children in positions involving regular contact with them. The legislation mandates that all applicants for such roles undergo thorough background checks, including criminal history and child abuse record checks. Specifically, it requires State employers to determine if any allegations of child abuse or sexual misconduct exist prior to making hiring decisions. This requirement aims to prevent individuals with a history of such behaviors from being in positions where they can negatively impact children.

Contention

Notably, the bill establishes immunity for employers from liability when disclosing information about the disqualification or termination of employees if the actions taken were in good faith based on the applicant's history of misconduct. This provision is likely to be a point of contention, as it raises questions regarding the potential misuse of disclosed information and the protection of former employees' rights. Additionally, there remain concerns about how such stringent checks could affect the employment landscape, possibly deterring qualified applicants who have past but unrelated convictions from securing jobs in child-focused roles.