ban the box

An Alternative to Ban the Box Laws

A recent article by Greg Glod (August 5, 2015), proposed an interesting alternative to Ban-the-Box laws. Mr. Glog suggests that rather than placing employers and applicants into less than ideal situations, there should be a system in place to allow ex-offenders to earn the right to seal their criminal records. Once records have been sealed, the candidate would be able to honestly assert that they have not been convicted of a crime. To read more ->


New York City Enacts Fair Chance Act

Yesterday, Mayor Bill DeBlasio signed into law the Fair Chance Act, prohibiting private employers in New York City from inquiring into an applicant's past criminal convictions until after a conditional offer employment has been made. If, after conducting a background check, the employer withdraws the offer, it must explain the decision to the applicant in writing and hold the position open for 3 business days so the applicant can respond. To read more ->


Oregon Passes Ban the Box Law

As published by Seyfarth Shaw on June 29, 2015, Oregon is the latest to join the ever growing list of states which have enacted "Ban the Box" legislation. As of January 1, 2016, private employers can no longer require job applicants to disclose criminal convictions prior to an initial interview. If no interview is conducted, the law prohibits employers from disclosing criminal convictions prior to making a conditional offer of employment.


New Jersey - Ban the Box Law

As published by the State Rules Register:

The New Jersey "Ban the Box - Plus" (P.L. 2014, Chapter 32, AB 1999), signed by the Governor in August and will become effective:  "The first day of the seventh month next following the date of enactment".  We calculate this to be March 1, 2015.  This Act covers the following subjects:

1.Ban the Box
2.Pre-empts all city ordinances, except for city employees.



Washington, D.C. - Ban the Box Law

D.C. Official Code §24-1351, Title I, Part B et. seq.
The District of Columbia lists October 31, 2014 as the estimated effective date, as published by the State Rules Register.
The restriction in regard to inquiring into a criminal record can only be made:  "After making a conditional offer of employment".  This restrictions does not apply to:
  1. Employers with ten or fewer employees within the District of Columbia.


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