What Are Ban the Box and Fair Chance Policies?
Do they apply to me?
Ban the Box is a policy that requires that employers remove questions about the criminal history of job candidates from job application. Essentially, it requires that employers remove the “Check Box” that followed questions like, “Have you ever been convicted of a crime?”
Fair Chance policies go further. Fair Chance laws generally require the employer to:
- Delay the background checking process until after making an offer of employment to the candidate.
- Eliminate any verbiage in employment advertising that states “We Background Check” or makes similar statements designed to discourage those who have convictions from applying.
- Eliminate questions regarding criminal history during the interview process.
- Require that any criminal records that are found are subjected to further consideration before using them to make an adverse hiring decision.
There are over 180 State, County and Municipal jurisdictions in the United States that have some type of Ban the Box and/or Fair Chance laws in effect.
Please reach out to me at Francisco@iprospectcheck.com to request a copy of the “Ban the Box Fair Chance State and Local Guide” which contains a list of current jurisdictions and the restrictions that apply.
I will also include the “Fair Chance Ban the Box Best Practices” guide for your information as well.
These publications will help you to develop compliant processes wherever you are hiring in the United States. Feel free to call or email me with any questions you may have.
Francisco B. Ortega
Director of Business Development