Ban the Box Update

Nationwide, 31 states and over 150 cities and counties have adopted what is widely known as “ban the box” laws which are aimed at requiring employers to consider a job candidate’s qualifications prior to considering a conviction or arrest record during the background screening process.  Eleven states and seventeen cities and counties have adopted these laws specifically for private employers.  These laws are thought to provide applicants with a “fair chance” at employment by removing the criminal history question from the pre-employment screening process or postponing the criminal background check until after an interview or offer of employment has been extended and accepted.

There are certain ban the box laws which require more comprehensive employer obligations then simply removing the criminal history question from an application.  These laws are known as “Ban the Box plus laws” and can include employer obligations such as individualized assessments; including additional specific language in the FCRA pre-adverse and/or adverse action notices.  Some jurisdictions require the inclusion of specific forms created by the regulatory body assigned to enforce the legislation, as with the City of New York and City of Los Angeles. Employers located in a jurisdiction with a ban the box or Ban the Box plus law should consult with legal counsel regarding their specific obligations.

Recent States with BTB Laws:

California (plus)
Connecticut
Hawaii
Illinois
Massachusetts
Minnesota
New Jersey
Rhode Island
Vermont
Washington
Recent Cities/Counties with BTB Laws:

Austin, TX (plus)
Baltimore, MD
Kansas City, MO
Los Angeles, CA (plus)
Montgomery County, MD (plus)
New York, NY (plus)
Philadelphia, PA (plus)
Portland, OR (plus)
Prince George’s County, MD (plus)
San Francisco, CA (plus)
Seattle, WA (plus)
Spokane, WA
(Plus) = Jurisdictions with Ban the Box “plus” laws

First Advantage has additional ban the box resources for our client employers.

Attend our webinar on May 24, 2018 to find out more.