'Ban the Box' Laws By State
“Ban the box” laws are fair chance hiring regulations that prohibit employers from asking about an applicant’s criminal history on initial job applications. These laws aim to reduce discrimination by allowing candidates to be evaluated on their skills and experience before criminal background checks or conviction inquiries occur. While specific rules vary by state and jurisdiction, the primary goal is to provide formerly incarcerated individuals a better opportunity to reintegrate into the workforce.
“Ban the box” or “fair chance” laws prohibit employers from asking about prior convictions on a job candidate’s initial employment application. After an interview or conditional job offer, a company may ask questions about prior convictions.
Under the federal Fair Chance to Compete for Jobs Act, applicants for federal positions are not automatically disqualified based on criminal history. Federal agencies or federal contractors may ask about criminal history after they extend a conditional offer of employment to an applicant. The goals of “ban the box” laws are to give applicants fairer opportunities, broaden employers’ talent pools, reduce discrimination and bias, and help formerly incarcerated individuals reintegrate into the workforce and society.
In this article, we’ll explain where “ban the box” rules come from and which states have them. Consider contacting a local employment attorney if you believe you were unfairly denied employment based on your criminal history, have questions about your rights under your state’s fair chance law, or need help navigating the hiring process as someone with a criminal record.
Origins of “Ban the Box”
The term “ban the box” refers to eliminating the checkbox on job applications that often asks whether applicants have ever been convicted of a crime. For many years, checking this box automatically disqualified applicants from consideration, preventing them from demonstrating their qualifications. By “banning the box,” these laws remove the conviction record checkbox from initial applications and delay criminal history inquiries until later in the hiring process.
Hawaii was the first state to enact “ban the box” laws. Other states have followed suit with their own laws regarding when an employer may ask questions about prior criminal history. These laws aim to give applicants a fair chance and prevent them from being automatically disqualified. This allows a potential employer to assess an applicant based on experience and skills first.
Federal Guidelines on Criminal History in Hiring
At the federal level, the Fair Chance to Compete for Jobs Act of 2019 (FCA) applies to federal agencies, federal contractors, and federal subcontractors. It prohibits these employers from requesting criminal history information from applicants before making a conditional offer of employment, with certain exceptions for positions involving law enforcement or national security duties. The FCA aims to provide the same fair chance protections in federal hiring that many states have adopted for private employers.
The U.S. Equal Employment Opportunity Commission (EEOC) provides guidance for all employers on avoiding discrimination when considering criminal records. The EEOC advises employers to avoid “disparate impact” by waiting until after a conditional job offer to ask about criminal history and assessing the relevance of the crime to the position offered. Disparate impact refers to situations in which a seemingly neutral policy disproportionately harms protected groups.
Under EEOC guidelines, if an employer considers criminal records during the hiring process, they should determine if the conviction directly relates to the job requirement. They might consider:
- The nature of the crime
- The length of time since the conviction
- The nature of the job
- If the criminal record is relevant to the job
The EEOC recommends employers conduct an individualized assessment of each applicant’s circumstances rather than implementing blanket policies that automatically exclude all individuals with criminal records.
Let’s look at an example. An employer is hiring for an aide position at a daycare and must consider an applicant’s criminal history. A person convicted of bank fraud may be able to work for a daycare, since the conviction (fraud) is not related to the nature of the job (minding children). However, if the applicant was a convicted sex offender, it is permissible to take the nature of the conviction into account when making an employment decision.
While EEOC guidelines are not binding law, they provide an important framework for employers’ hiring decisions to avoid discrimination claims. This gives former convicts a better chance at securing employment.
Ban the Box Laws: State-by-State Guide
Many states and localities have enacted “ban the box” rules, but the details vary. There are different trigger points for each fair chance policy, such as:
- Some allow questions after initial application review
- Some require waiting until after the first job interview
- Some require waiting until a conditional offer is made
The table below provides an overview of state laws regarding the “ban the box” laws and when a potential private employer may ask criminal history questions.
|
Jurisdiction |
Specific Law (scope) |
When criminal history may be asked |
Statute citation |
|
Alabama |
No statewide Ban the Box law |
During interviews or after a conditional job offer. Note: In Birmingham, employers can only ask after a conditional job offer. |
— |
|
Alaska |
No statewide Ban the Box law |
During application or interview process |
— |
|
Arizona |
No statewide Ban the Box law |
During application or interview process |
— |
|
Arkansas |
No statewide Ban the Box law |
During application or interview process |
— |
|
California |
Fair Chance Act (applies to most employers with 5+ employees) |
Employers may not inquire into or consider conviction history until after a conditional offer of employment is made. |
|
|
Colorado |
Colorado Chance to Compete Act |
Employers may not state in an advertisement that a person with a criminal history may not apply and may not ask about criminal history on an initial application; employers may make inquiries later in the hiring process after the initial written application. |
|
|
Connecticut |
Ban the Box law applicable to most employers |
Employers may not inquire about criminal history on an initial employment application, but may do so later in the hiring process. |
|
|
Delaware |
No statewide Ban the Box law |
During application or interview process |
— |
|
District of Columbia |
Fair Criminal Record Screening Amendment Act (covers most employers with 11+ employees) |
Employers may not inquire into arrests or criminal convictions until after a conditional offer of employment has been made. |
|
|
Florida |
No statewide Ban the Box law |
During application or interview process |
— |
|
Georgia |
No statewide Ban the Box law |
During application or interview process |
— |
|
Hawaii |
Statewide fair-chance law covering most employers |
Employers may not inquire into conviction history until after a conditional offer of employment is made, with limited exceptions. |
|
|
Idaho |
No statewide Ban the Box law |
During application or interview process |
— |
|
Illinois |
Job Opportunities for Qualified Applicants Act and related amendments (covers most private employers with 15+ employees) |
Employers may not inquire into or consider criminal history until the applicant has been selected for an interview, or, if no interview is conducted, until after a conditional offer of employment. |
|
|
Indiana |
No statewide Ban the Box law |
During application or interview process |
— |
|
Iowa |
No statewide Ban the Box law |
During application or interview process. Note: In Des Moines and other cities, employers can only ask after a conditional job offer. Check with your city. |
— |
|
Kansas |
No statewide Ban the Box law |
During application or interview process. Note: In Kansas City and other cities, employers can only ask after a conditional job offer. Check with your city. |
— |
|
Kentucky |
No statewide Ban the Box law |
During application or interview process |
— |
|
Louisiana |
No statewide Ban the Box law |
During application or interview process |
— |
|
Maine |
Applies to employers in Maine except for employers in legislative, executive or judicial branches of State Government |
During interview or once the employer determines applicant is qualified for the position |
|
|
Maryland |
Statewide Ban the Box law for many employers with 15+ employees |
Employers may not ask about an applicant’s criminal record before the first in-person interview. |
|
|
Massachusetts |
Ban the Box (applies to employers with 6+ employees) |
Employers may not ask about criminal history on an initial written job application, with specified exceptions. |
|
|
Michigan |
No statewide Ban the Box law |
During application or interview process |
— |
|
Minnesota |
Ban the Box law applying to public and private employers |
Employers may not inquire into criminal history until the applicant has been selected for an interview or, if no interview, until a conditional offer of employment. |
|
|
Mississippi |
No statewide Ban the Box law |
During application or interview process |
— |
|
Missouri |
No statewide Ban the Box law |
During application or interview process. Note: In certain cities, such as St. Louis and Kansas City, there are prohibitions. Check with your city. |
— |
|
Montana |
No statewide Ban the Box law |
During application or interview process |
— |
|
Nebraska |
No statewide Ban the Box law |
During application or interview process |
— |
|
Nevada |
No statewide Ban the Box law |
During application or interview process |
— |
|
New Hampshire |
No statewide Ban the Box law |
During application or interview process |
— |
|
New Jersey |
Opportunity to Compete Act (covers many employers with 15+ employees) |
Employers may not inquire into criminal history during the initial employment application process; inquiries permitted after the completion of the initial interview. |
|
|
New Mexico |
Criminal Offender Employment Act amendments (public and private employers) |
Employers may not inquire about an applicant’s conviction history on an initial employment application; inquiry allowed after review of the application and discussion of employment. |
|
|
New York |
No statewide Ban the Box law; dependent on city or county |
In New York City, employers may only ask about applicant criminal history after a conditional offer of employment has been made. Check your city or county for rules. |
— |
|
North Carolina |
No statewide Ban the Box law |
During application or interview process |
— |
|
North Dakota |
No statewide Ban the Box law |
During application or interview process |
— |
|
Ohio |
No statewide Ban the Box law |
During application or interview process |
— |
|
Oklahoma |
No statewide Ban the Box law |
During application or interview process |
— |
|
Oregon |
Statewide Ban the Box law for most employers |
Employers may not ask about criminal history on an initial job application and may only inquire after an initial interview or conditional offer. |
|
|
Pennsylvania |
No statewide Ban the Box law |
During application or interview process. Note: In Philadelphia, employers with over 10 employees may only inquire after a conditional job offer. |
— |
|
Rhode Island |
Ban the Box statute covering certain public and private employers |
Employers may not ask about criminal convictions on an initial written job application, with exceptions for positions where inquiry is required by law. |
|
|
South Carolina |
No statewide Ban the Box law |
During application or interview process. Note: In the city of Columbia, employers may only inquire after a conditional job offer. |
— |
|
South Dakota |
No statewide Ban the Box law |
During application or interview process |
— |
|
Tennessee |
No statewide Ban the Box law |
During application or interview process |
— |
|
Texas |
No statewide Ban the Box law |
During application or interview process |
— |
|
Utah |
No statewide Ban the Box law |
During application or interview process |
— |
|
Vermont |
Fair employment law amendments (apply to most employers) |
Employers may not inquire about criminal history on an initial application and may ask only during the initial interview or once the applicant has been deemed otherwise qualified. |
|
|
Virginia |
No statewide Ban the Box law |
During application or interview process |
— |
|
Washington |
Fair Chance Act (applies to most employers) |
Employers may not ask about criminal history on an initial job application and may inquire only after determining that the applicant is otherwise qualified for the position. |
|
|
West Virginia |
No statewide Ban the Box law |
During application or interview process |
— |
|
Wisconsin |
No statewide Ban the Box law |
During application or interview process |
— |
|
Wyoming |
No statewide Ban the Box law |
During application or interview process |
— |
Get Legal Help With Employment Discrimination
If you believe an employer violated “ban the box” laws or discriminated against you based on your criminal history, you may have legal options. An employment law attorney can help you understand your rights under federal and state law, determine whether an employer’s actions were lawful, and advise you on potential remedies.
FindLaw’s free attorney directory can connect you with an experienced employment lawyer in your area who can evaluate your situation and explain your options for moving forward. Their legal advice can prove invaluable.
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