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.
- Georgia – Signed on Feb. 23, Gov. Nathan Deal's executive order requires all state government agencies to "ban the box" from their job applications and also bars those same entities from using criminal records as an automatic disqualifier for employment at any point during the hiring process.
While the policy only affects state agencies, it does not apply to any applications for "sensitive governmental positions" in which a criminal history would deem an applicant ineligible for hire instantaneously.
You can read more about the policy here. - Tallahassee, FL – Tallahassee's new policy will prohibit criminal history inquiries during the initial application and interview phases for positions with the City of Tallahassee, except for jobs regarding public safety.
Despite the alteration to applications for public positions the policy does not apply to vendors or private businesses, nor does it forbid the use of criminal background checks during the hiring process. Once a job officer is imminent, background checks can be conducted and applicants can still be denied employment based on the type of convictions or severity of their crimes.
You can read more about the policy here. - New Jersey – The state of New Jersey's "Ban the Box" policy went into effect on March 1. As a result employers in the state should ensure their job applications do not inquire into an applicant's criminal history, whether through a check box or a question on the application.
The law, also known as the Opportunity to Compete Act, includes any employer, both public and private, with 15 or more employees over 20 calendar weeks that employs, or takes applications for employment within the state of New Jersey.
Criminal history inquiries or criminal background checks are only prohibited during the "initial employment application process" which is defined as "the period beginning when an applicant for employment first makes an inquiry to an employer about a prospective employment position or job vacancy or when an employer first makes any inquiry to an applicant for employment about a prospective employment position or job vacancy." Thus, only after an initial interview has been conducted can an employer conduct a criminal background check.
Positions such as law enforcement and corrections as well as positions where a background check is required by law are excluded from the act.
You can read more about the law 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: March 23, 2015