State and Local Ban the Box Legislation OVERVIEW Nationwide, over 80 cities and countries have now taken the critical step of removing barriers to


employment for formerly incarcerated persons in their hiring policies. Widely known as “ban the box,” these fair-hiring initiatives typically remove the question on the job application about an individual‟s conviction history and delay the background check inquiry until later in the hiring process. In 1998, Hawaii had the distinction of becoming the first state to adopt this policy of removing conviction questions from job applications. Momentum for the policy has grown exponentially, particularly in recent years. Just in 2013 and 2014, eight states have passed legislation.


Today, with the addition of Delaware, Nebraska, and New Jersey in 2014, there are a total of thirteen states representing nearly every region of the country that have adopted the policies - California (2013, 2010),


Colorado (2012), Connecticut (2010), Delaware (2014), Hawaii (1998), Illinois (2014, 2013), Maryland (2013), Massachusetts (2010), Minnesota (2013, 2009), Nebraska (2014), New Jersey (2014), New Mexico (2010), and Rhode Island (2013). Six states - Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, and Rhode Island - have removed the conviction history question on job applications for private employers, which many advocates embrace as the next step in the evolution of these policies. Federally, the EEOC endorsed removing the conviction question from the job application as a best practice in its 2012 guidance for employment decisions considering arrests and convictions.


Source: NELP Ban the Box


Although some skeptics fear that ban the box is a step that adds unnecessary complications and exposes organizations to risk when considering individuals with a criminal record for employment, results from multiple areas show success. For example, Hawaii passed a ban the box law in 1998 – and researchers from Florida International University found that the number of repeat offenders dropped, in part because it had become less difficult for those with a record to find a job.


Source: Andy Spriggs, ADP, „Ban the Box,‟ Inside Background Screening column, The Workplace Violence Prevention eReport; BAN THE BOX ARTICLES INDEX FOR 2014 FROM THE BACKGROUND BUZZ (56 ARTICLES)


December 19, 2013 | New Jersey | New Jersey Legislature Introduces "Ban the Box" Bill The New Jersey Legislature recently introduced the Opportunity to Compete Act that would impose significant restrictions on criminal background checks in connection with the hiring process.


February 10, 2014 | San Francisco, CA | San Francisco "Bans the Box" The San Francisco's Board of Supervisors is ready to "ban the box." This would make San Francisco the 9th jurisdiction to enact the legislation.


February 10, 2014 | Washington D.C. | Tommy Wells' 'Ban the Box' Bill Gets Strong Support D.C. Council member Tommy Wells introduced "ban-the-box" legislation, a practice he says hinders employment opportunities for returning citizens.


February 10, 2014 | California | More Restrictions on Criminal Background Checks California appears to be the latest state to join the criminal-background-restriction bandwagon.


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