"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 "'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.
- Ohio – Effective immediately, individuals seeking civil-service jobs with the state of Ohio will no longer be asked whether they have ever been convicted of a felony. While the questions are removed from the initial application, applicants past indiscretions can still be inquired into during initial interviews and finalists for state positions will still be required to submit to a background check.
With the signing of this law, Ohio becomes the 17th state to "Ban the Box." More on this policy can be found here.
- Oregon – Following Ohio, the state of Oregon will become the 18th state to implement a "Ban the Box" policy. Effective January 1, 2016, the legislation will prohibit employers, both public and private, from making inquiries into applicant's criminal histories on employment applications or any time prior to an initial interview. In situations where there is no formal interview employers cannot make such inquiries until a conditional offer of employment is extended.
The law does not prohibit employers from notifying applicants that, at some point, they may be asked to disclose convictions, nor does it prohibit the use of criminal background checks so long as they are conducted later in hiring process. Exempt from the law are positions requiring the consideration of an applicant's criminal history by federal, state or local law; employers in the criminal justice system; employers within law enforcement and employers seeking "nonemployee volunteers."
You can read more about the policy here.
- Daytona Beach, Florida – Daytona Beach is the latest Floridian city to "Ban the Box" from its job applications, joining the likes of Tallahassee and Tampa. The policy will apply only to applications for city employment but the hope is that other private sector businesses follow suit as well. The policy will allow for background checks to be run after a job offer has been extended, and should those checks turn up any past convictions, the applicant would be afforded the opportunity to dispute or explain them before further action is taken.
You can read more about the policy here.
- Savannah, Georgia – Following the enactment of Georgia's statewide "Ban the Box" policy, the city of Savannah made a similar move to remove criminal history inquiries from its applications for city jobs. Additionally, the city affirmed its current policy to bar the automatic disqualification of individuals who do disclose past criminal convictions. While the initiative only covers public employers for the time being, city officials are hoping the practice spills over to the private sector.
More about the policy can be found here.
- Wichita, Kansas – Wichita's "Ban the Box" policy will become effective immediately and will only impact those applying for jobs with the city. According to a report from KWCH 12, a CBS-affiliated television station serving the Wichita area, city leaders are cautioning that the enactment of this policy does not mean they will no longer be conducting criminal background checks, just that it will no longer "be the first step in the application process." Checks will now be conducted only after an offer of employment has been extended. Certain jobs, by state law, will be exempt from the policy including those dealing with public safety and financial transactions.
More about this policy can be found here.
- Newark, Ohio – With a 9-0 vote, the Newark City Council voted to remove criminal history questions from its city's job applications. Similar to other policies enacted across the country, Newark's policy simply delays the ability to pose any questions relating to criminal records until after an initial interview has been conducted, rather than eliminating the inquiries entirely.
More about this policy can be found here.
- Tacoma, Washington – The Tacoma City Council also voted 9-0 to pass legislation that will remove the criminal history inquiry question from all applications for municipal government jobs within the city. Candidates for these positions will no longer be asked these questions until a conditional offer of employment has been made, with Tacoma Police Department applicants being an exception to the law.
More about the 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: August 4, 2015