"Ban the Box" laws can vary in procedure and substance based on their jurisdiction, with some policies permitting criminal history inquiries after the initial application, others during the interview and others only after a conditional offer of employment has been extended.
Truescreen's monthly "'Ban the Box' update" aims not only to keep you up to date on the growing number of locales that have joined the 14 states and over 90 municipalities in passing similar legislation, but also to give you a summary of the details of these new state or local level policies.
Below, and in each edition, you will find a comprehensive list of states, cities or counties that have enacted “Ban the Box” legislation since our last update, along with a short description of each policy.
- Virginia – Effective immediately, an executive order signed by Gov. Terry McAuliffe "bans the box" on most applications for public positions within the state while "encouraging" private employers and government contractors to follow suit. "Sensitive" positions or roles in which applicants' criminal history pertains directly to the job are not included in the new law. Only after an applicant has been deemed qualified for a specific position, and has signed a release waiver, can a criminal background check be conducted.
With the signing of this law, Virginia becomes the 15th state to "ban the box." More on this policy can be found here.
- Vermont – Another executive order, this one signed by Gov. Peter Shumlin, will effectively remove the criminal inquiry question from Vermont's job applications for state employment. Background checks can still be conducted on applicants but only after they have been deemed qualified for the position for which they applied. Jobs pertaining to law enforcement, corrections or other sensitive positions are exempt from the new policy.
With the signing of this law, Vermont becomes the 16th state to "ban the box." More on this policy can be found here.
- Albany, Georgia – Although Gov. Nathan Deal has already signed an executive order to "ban the box" statewide, the City Commissioners of Albany added to the order by not only approving the removal of criminal history inquiries from the city's job applications, but by adding that it will not prohibit any inquiries further along in the interview process. Additionally, the policy will exempt all city law enforcement positions. More about the policy can be found here.
- Macon-Bibb County, Georgia – Following the enactment of Georgia's statewide "Ban the Box" policy, Macon-Bibb County also passed its own "Ban the Box" policy, which applies to public employers only. Under the county's new policy, criminal conviction inquiries will be removed from initial applications forms. The county will still perform background checks on potential applicants and jobs that include working with children or in law enforcement would be excluded. More about the policy can be found here.
- Allentown, Pennsylvania – Effective May 1, applicants for employment with the city will no longer inquire into applicants' criminal histories. Only after a conditional offer of employment has been extended can a background check be conducted. The law does not apply to police officer, firefighter or 911 operator positions. More on this policy can be found here.
For a complete list, as well as a map of the states, cities and counties that have passed "Ban the Box" legislation, you can read our "Ban the Box" Compliance Issue Analysis here.
Posted: April 24, 2015