Ban the Box Laws: What Employers Need to Know

What Is "Ban the Box"?

"Ban the box" refers to laws that prohibit employers from asking about criminal history on the initial job application — removing the checkbox that asks whether the applicant has ever been convicted of a crime. The goal is to give people with criminal records a fair chance to be evaluated on their qualifications before their history is considered.

The name comes from the literal checkbox that used to appear on most employment applications.

What These Laws Typically Require

The specifics vary by jurisdiction, but most ban-the-box laws share common elements:

• Employers cannot ask about criminal history on the initial application
• Criminal history inquiries are delayed until later in the process — typically after a conditional offer of employment
• If criminal history is discovered and used to make an adverse decision, an individualized assessment is often required
• The employer must consider factors like how long ago the offense occurred, its relevance to the job, and evidence of rehabilitation

States and Cities With Ban the Box Laws

More than 35 states and 150 cities and counties have enacted some form of fair chance hiring law. Key jurisdictions include:

States with statewide laws:

• California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and others

Major cities:

• New York City, Philadelphia, Los Angeles, Chicago, Seattle, Denver, and many others

Note: New York City's Fair Chance Act is one of the most restrictive in the country, requiring a conditional offer before any criminal history inquiry, followed by a detailed individualized assessment process if the employer wants to take adverse action.

Federal Contractors

The federal government's ban the box policy applies to federal contractors through the Fair Chance to Compete for Jobs Act, which restricts criminal history inquiries until after a conditional offer.

Pennsylvania Specifics

Pennsylvania does not have a statewide ban the box law for private employers, but Philadelphia does. Philadelphia's Fair Criminal Records Screening Standards ordinance requires a conditional offer before any criminal history inquiry.

What Employers Should Do

1. Review the laws in every jurisdiction where you hire — not just your headquarters state
2. Remove criminal history questions from your standard application form
3. Delay background checks until after a conditional offer
4. Train HR and hiring managers on the individualized assessment process
5. Document your process for every candidate where criminal history played a role

At Do It Right Screening, we help employers build compliant screening programs that meet ban the box requirements across all states. Contact us to review your current process.