Understanding Ban the Box Laws
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What is "Ban the Box?"
Ban the Box, or in some jurisdictions they are known as Fair Chance Initiatives, quite simply bans the box that used to be prevalent on job applications. The “box” that applicants would check indicating if they had ever been convicted of a crime or arrested, etc.
Why?
So that employers consider a job candidate’s qualifications first—without the stigma of a conviction or arrest record. Borne out of the work of All of Us or None, these policies provide applicants a fair chance at employment by removing conviction and arrest history questions from job applications and delaying background checks until later in the hiring process.
Am I in a Ban the Box Jurisdiction?
Our legal team helps draft by be sure you know. Nationwide 37 states, the District of Columbia and over 150 cities and counties have adopted what is widely known as “ban the box”. The federal government embraced ban the box for federal agencies and contractors.
15 states (and 22 cities) have mandated the removal of conviction history questions from job applications for private employers—California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. Laws, operating agreements, and corporate governance documents, ensuring your business operations are in accordance with the law.
More Questions?
Can I still ask about convictions? When do I do that? When do we run the background check?
For more information, check with your legal counsel. Another good resource may be your state’s Department of Human Rights, and Ban the Box: U.S. Cities, Counties, and States Adopt Fair Hiring Policies.
