Which states have 'banned the box'?

February 8, 2016

banned the box, with the goal to encourage employers to consider the qualifications of applicants without the bias of a conviction record. ban the box This means that employers cannot ask questions relating to criminal history in the job application and, in some cases, can request for permission to check the criminal record of an applicant only after a conditional job offer is made. Additionally, if you decide not to hire an individual due to a past criminal record, the onus is on you, as the employer, to explain how the conviction can affect the candidate’s ability to work. The ‘ban the box’ initiative has spread rapidly across the country over the last couple of years, leaving many employers thinking about if, and how, it may affect them. Is this relevant to your business? It depends which state you’re based in, but probably. Nineteen states have banned the box so far:

  • California
  • Colorado
  • Connecticut
  • Delaware
  • Georgia
  • Hawaii
  • Illinois
  • Maryland
  • Massachusetts
  • Minnesota
  • Nebraska
  • New Jersey
  • New Mexico
  • New York
  • Ohio
  • Oregon
  • Rhode Island
  • Vermont
  • Virginia
In North Carolina, there’s no statewide legislation, but six local governments – Charlotte, Carrboro, Cumberland County, Durham County, Spring Lake and Durham – have banned the box. What does this mean for you? As an employer or hiring manager, you can no longer ask any question related to convictions without a conditional job offer (if your business is located in any of the above 19 states or in any of the six counties in North Carolina). That said, even if you’re not located in any of these states, it’s time to take a look at your hiring policies and practices to see how best you can accommodate this change. Other states are likely to follow suit. If you want to know more about ban the box legislation and how this could affect your organization, contact us today.]]>

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