Ban the Box: What Employers Need to Know

By Kelsey Basten

Published on January 31, 2019

You may have noticed “ban the box” employment laws appearing left and right over the past few years. Many jurisdictions are enacting their own, as conversations surrounding the subject have increased and been top of mind for many constituents. Here are a few things employers need to know:

What is Ban the Box?

Ban the box (also known as Fair Chance) laws prohibit employers from inquiring about an applicant’s criminal history until a later point in the application or hiring process. Ban the box labor laws generally place restrictions on:

  • What employers can ask job applicants before they are hired
  • At what stage in the application process employers may ask about an applicant’s criminal history
  • How far in the past an employer may inquire about an applicant’s criminal history

Why Ban the Box?

The intention behind these laws is to decrease or eliminate discrimination against applicants with a criminal history. It aims to give those who have run afoul of the law a leg up.

Who is Banning the Box?

Many jurisdictions have implemented their own ban the box laws, including but not limited to:

This Labor Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel.

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