Fair-Chance Policies meant to Decrease Employer Discrimination based on Criminal History

Several states across the US, along with many counties and cities, have adopted fair-chance hiring labor laws – otherwise known as “Ban the Box” laws – that establish restrictions and requirements on employers when asking questions to prospective job applicants. These restrictions and requirements may vary across state, county, and even city lines as many areas have implemented their own hiring laws but each aim to provide equal opportunity to potential employees during the hiring and application process.

Numerous states across the US, as well as Wasghington DC, have adopted fair chance policies. Visit this webpage to see if your state, city, or county has adopted fair chance laws. Each state’s or even city’s Ban the Box laws have their own nuances and restrictions so be sure to check out what these laws cover in your area. Whether these differences include employer notice, job-related assessment, or job-posting requirements, these laws all strive to create equal opportunity for individuals by regulating when or how employers can inquire about the criminal history of their applicants.

“Ban the Box” refers to questions typically asked on an prospective employee’s initial job application:

               Have you been convicted of a felony or crime?   ▢ Yes  ▢ No

Though employers still retain the ability to ask your criminal history, these laws increase the likelihood that even convicted individual looking for employment can get their foot in the door with their job application without fear of immediate rejection based on their criminal record. Some states or regions restrict employers from asking until after the first interview or once the employer has deemed someone a worthy and experienced candidate. Other states or regions restrict employers from asking until a conditional offer of employment is made. Once again, these requirements and laws vary by state or city, so be sure to check your area.

Did you apply for employment but were asked prematurely about your criminal history? Were your fair-chance hiring rights violated? Let us know! Fill out the attached form and get in touch with Shub & Johns today!