# N.J. Stat. § 34:6B-21: Certain offenses not to be considered in making employment decision; violations, penalties > New Jersey · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_NJ_T34_C6B_S6B-21 ## Section - **Citation:** N.J. Stat. § 34:6B-21 - **Heading:** Certain offenses not to be considered in making employment decision; violations, penalties - **Jurisdiction:** New Jersey - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** NJ Code / Title 34 / Chapter 6B / Section 6B-21 ## Text 15. a. An employer shall not be permitted to, when making an employment decision, rely solely on, or require any applicant to disclose or reveal, or take any adverse action against any applicant for employment solely on the basis of, any arrest, charge, conviction, or adjudication of delinquency, for manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (11) of subsection b. of N.J.S.2C:35-5,or a lesser amount of marijuana or hashish in violation of paragraph (12) of subsection b. of that section, or a violation of either of those paragraphs and a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1) for distributing, dispensing, or possessing with intent to distribute or dispense, on or within 1,000 feet of any school property, or on or within 500 feet of the real property comprising a public housing facility, public park, or public building, or obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (3) or (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10, or a violation involving marijuana or hashish as described herein and a violation of N.J.S.2C:36-2 for using or possessing with intent to use drug paraphernalia with that marijuana or hashish, or an arrest, charge, conviction, or adjudication of delinquency under the laws of another state or of the United States of a crime or offense, which, if committed in this State, would be a violation of any of the aforementioned crimes or offenses, regardless of when any such arrest, charge, conviction, or adjudication of delinquency occurred, unless the employment sought or being considered is for a position in law enforcement, corrections, the judiciary, homeland security, or emergency management. b. Any employer who commits an act in violation of this section shall be liable for a civil penalty in an amount not to exceed $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation, which shall be collectible by the Commissioner of Labor and Workforce Development in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The penalties set forth in this subsection shall be the sole remedy provided for violations of this section. c. Nothing set forth in this section shall be construed as creating or establishing a standard of care or duty for employers with respect to any other law. Evidence that an employer has violated, or is alleged to have violated, the provisions of this section, shall not be admissible in any legal proceeding with respect to any law or claim other than a proceeding to enforce the provisions of this section. Nothing set forth in this section shall be construed as creating, establishing, or authorizing a private cause of action by an aggrieved person against an employer who has violated, or is alleged to have violated, the provisions of this section. L.2021, c.19, s.15. ## Nearby sections - [N.J. Stat. § 34:6B-1 Smoking, use of tobacco products shall not affect employment](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T34_C6B_S6B-1.md) - [N.J. Stat. § 34:6B-2 Law, workplace policies not affected](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T34_C6B_S6B-2.md) - [N.J. Stat. § 34:6B-3 Aggrieved person may institute civil action](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T34_C6B_S6B-3.md) - [N.J. Stat. § 34:6B-4 Penalties](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T34_C6B_S6B-4.md) - [N.J. Stat. § 34:6B-5 Definitions relative to disclosure of personal information for certain electronic communications devices.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T34_C6B_S6B-5.md) - [N.J. Stat. § 34:6B-6 Prohibited actions by employers.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T34_C6B_S6B-6.md) - [N.J. Stat. § 34:6B-7 Waiver, limitation of protection prohibited.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T34_C6B_S6B-7.md) - [N.J. Stat. § 34:6B-8 Retaliation, discrimination prohibited.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T34_C6B_S6B-8.md) - [N.J. Stat. § 34:6B-9 Violations, penalties.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T34_C6B_S6B-9.md) - [N.J. Stat. § 34:6B-10 Construction of act.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T34_C6B_S6B-10.md) - [N.J. Stat. § 34:6B-11 Short title.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T34_C6B_S6B-11.md) - [N.J. Stat. § 34:6B-12 Findings, declarations relative to certain employment rights of persons with criminal records.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T34_C6B_S6B-12.md) - [N.J. Stat. § 34:6B-13 Definitions relative to certain employment rights of persons with criminal records.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T34_C6B_S6B-13.md) - [N.J. Stat. § 34:6B-14 Prohibited actions by employer during initial employment application process.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T34_C6B_S6B-14.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NJ_T34_C6B_S6B-21. Check the current official text before relying on it. Not legal advice.