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Ban the Box Laws: What’s the Box and Why is it Banned?
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An overwhelming majority of states have adopted what is widely known as “ban-the-box” laws or policies that generally prohibit employers from inquiring about an applicant’s criminal background until later in the hiring process. The laws are intended to allow an employer to evaluate an applicant’s job qualifications first, without a criminal record overshadowing their candidacy. Here’s what employers need to know to make sure they are complying with ban-the-box laws.
What is banned?
For a long time, many employers included a “box” on their employment applications. If the applicant had been arrested for or convicted of a crime, then they had to check the box. Today, fifteen states and at least twenty-three localities have adopted ban-the-box laws or policies applicable to private-sector employment. Thirty-seven states have adopted statewide laws or policies applicable to public employers. Many of these jurisdictions do more than simply eliminate the box. For example, some laws incorporate the best practices set forth by the EEOC. And still others prohibit employers from even considering certain records when reviewing applications.
For a long time, many employers included a “box” on their employment applications. If the applicant had been arrested for or convicted of a crime, then they had to check the box. Today, fifteen states and at least twenty-three localities have adopted ban-the-box laws or policies applicable to private-sector employment. Thirty-seven states have adopted statewide laws or policies applicable to public employers. Many of these jurisdictions do more than simply eliminate the box. For example, some laws incorporate the best practices set forth by the EEOC. And still others prohibit employers from even considering certain records when reviewing applications.
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- Resource Publication Date: 2022
- Posted by: Phyllis Richardson
- Posted in: Reentry Employment Opportunities