At last count, at least seven states and numerous local jurisdictions now prohibit private employers from asking job applicants about their criminal histories until an interview is held with the applicant or, in some cases, until a conditional job offer is made.
Commonly referred to as “ban-the-box” laws because they prohibit employers from requiring an applicant to check a box on a job application indicating a criminal record, these laws are designed to reduce employment barriers for individuals who have criminal histories.
Efforts to remove employment barriers for persons with criminal histories also have gained steam at the federal level. For example, the U.S. Equal Employment Opportunity Commission (EEOC) advised employers to refrain from asking about criminal history information at the initial stages of the hiring process, guidance that was essentially adopted by the Labor Department’s Office of Federal Contract Compliance Programs.
At the congressional level, a U.S. Senate Committee unanimously approved a proposed bill last year that would bar federal contractors from asking applicants for criminal record information until a conditional offer of employment has been made. The White House, for its part, recently asked private businesses to sign a pledge to demonstrate an ongoing commitment to reduce barriers for those with criminal records, and instructed federal agencies to consider each job applicant’s individual circumstances when evaluating criminal history.
Members of the Equal Employment Advisory Council (EEAC) can read more here.