An Overview of "Ban the Box" Laws
The topic of fair hiring practices is constantly developing, both on the side of employers and at a legal level. One of the most recent legal developments for fair hiring practices has been the advent of “Ban the Box” laws, which aim to end discrimination based on job applicants’ criminal records.
What are “Ban the Box” laws?
“Ban the Box” laws prohibit employers from asking about an applicant’s criminal history on job applications. In some affected states, employers are banned from asking applicants if they were ever sentenced for a crime until later in the hiring process, such as after a conditional job offer. This barrier encourages employers to first consider an applicant’s job qualifications without the bias that may come from knowledge of a conviction or arrest record.
Where are “Ban the Box” laws in effect?
Statewide Laws
The following states have some form of “Ban the Box” laws in effect statewide:
- California
- Colorado
- Connecticut
- Georgia
- Hawaii
- Illinois
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- New Jersey
- New Mexico
- Oregon
- Rhode Island
- Vermont
- Washington
District Laws
In addition, these states have “Ban the Box” laws but only in the specified districts or counties:
- Florida – City of Gainesville
- Indiana – Indianapolis
- Iowa – Waterloo
- Kentucky – Louisville
- Louisiana – New Orleans
- Missouri – Columbia, Kansas City, St. Louis
- New York – Buffalo, New York City, Rochester, Suffolk County, Westchester County
- Pennsylvania – Philadelphia, Pittsburgh
- Texas – Austin
- Wisconsin – Madison
Other Specifications
In addition, federal agencies have had “Ban the Box” policies since 2015. The District of Columbia also has district wide “Ban the Box” hiring laws.
Why implement “Ban the Box” laws?
Implementing “Ban the Box” laws is crucial because criminal histories are often misinterpreted and can hinder applicants from securing employment. Employers frequently fail to differentiate between an arrest, a charge, and a conviction, treating them all equally. Furthermore, a criminal record from decades ago can still impact an applicant’s job prospects today.
“Ban the Box” laws level the playing field for individuals with criminal histories, enabling employers to assess candidates based on their strengths and qualifications rather than their past. This approach promotes fair hiring practices and opens opportunities for deserving applicants.
What can employers do?
TEAM recommends partnering with your legal team to ensure that your business’ hiring practices are compliant with applicable state and local laws. This includes any state, city, district, or county “Ban the Box” laws.