"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 new monthly "'Ban the Box' update" aims not only to keep you up to date on the growing number of locales that have joined the 13 states and roughly 80 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. Below is an overview of the new laws that have been passed throughout the last few months.
- Prince George's County, Maryland – Applies to both public and private employers with at least 25 full-time employees in the county (excluding federal, state and local governments). Criminal history inquiries cannot be made until after initial interview. The law, which goes into effect Jan. 20, 2015, also requires specific procedures for any employers who plan to disqualify an applicant based on criminal information. More info on the law and procedural requirements can be found here.
- St. Petersburg, Florida – Applies to public employers only. Effective Jan. 1, 2015. The policy does not wholly eliminate checks for city jobs; any jobs pertaining to public safety will still require a criminal background check. You can read more about initiative here.
- Wyandotte County, Kansas – Applies to public employers only. Criminal history inquires cannot be made until after an initial interview. More about the law can be found here.
- Columbia, Missouri – Applies to both public and private employers. Criminal history inquiries cannot be made until after conditional job offer. Exceptions include: (1) where law or regulation requires exclusion of an applicant convicted of a particular crime; (2) where a required fidelity or equivalent bond would exclude a person who was convicted of a particular crime; and (3) for employers of Emergency Medical Services (EMS) Systems Act-licensed individuals. More information regarding the law can be found here.
- St. Louis, Missouri – Applications for employment with the city of St. Louis will no longer require applicants to check a box if they have a felony conviction. Applicants for certain jobs will still be subjected to a criminal background check, just as some will be subject to medical and/or drug/alcohol screenings prior to employment. More about the law can be found here.
- Rochester, New York – Applies to public, private vendors/contractors of the municipality and private employers. The law went into effect Nov. 18 and pertains to companies with four or more employees in Rochester. Inquiries into criminal histories can be made after any initial employment interview. More information on the law can be found here.
- Syracuse, New York – Applies to City of Syracuse departments, offices, agencies and city contractors. Criminal history inquiries cannot be made until a tentative job offer has been extended. Effective Mar. 22, 2015. More information can be found here.
- Allegheny County, Pennsylvania – Public employers can conduct a criminal history check and any other background check only after a conditional offer of employment has been made and accepted by an applicant. The law went into effect Jan. 1, 2015, and more info can be found here.
- Roanoke, Virginia – Applies to public employers only, effective Jan. 1, 2015. "The city's uniform application will be revised to remove the criminal history question, but background checks still will be made on applicants to whom a job offer is made." More about the law can be found here.
- Arlington, Virginia – The law, which went into effect Nov. 3, 2014, applies to county government jobs not related to public safety. Questions regarding criminal convictions are removed from the initial application for jobs not related to public safety and questions regarding DWIs or DUIs are removed as well unless the position requires driving as part of the job. Criminal history inquiries can be made at the time of an initial interview. More info on the law can be found here.
- Washington, D.C. – The law went into effect Dec. 17 and bars employers with 11 or more employees in D.C. from inquiring into criminal histories on initial application – cannot make inquiry until a conditional offer of employment has been made and cannot rescind and offer based on a conviction without a "legitimate business reason." Inquiries into arrests or criminal accusations that are not pending or did not result in a conviction are prohibited. More on the law 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: January 16, 2015