State Ban The Box Laws

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Ban the box laws limit when an employer may permissibly ask about an individual’s criminal history.

Often times, employers ask about an individual’s criminal history on an employment application.  The trend in the law is to prohibit this practice.

Each ban the box law prohibits any covered employer from asking about criminal history until after a first interview or conditional offer.  However, each state and local law is nuanced as to what can be asked, and when it can be asked.

In addition, several of such laws impose additional obligations on employers regarding the inquiry into and use of criminal history information for employment purposes.

The chart below describes the question of “when” an employer may ask about criminal histories; it is not intended to be comprehensive nor should it be construed as legal advice.

Employers are encouraged to speak with their experienced legal counsel with respect to Ban the Box laws that may affect their background screening program.

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