Ban-The-Box and Fair Chance Policies
35 states the District of Columbia and over 150 cities and counties have adopted a Ban-The-Box or Fair Chance Policies. Always make sure that you have reviewed your State or county Ban-The-Box laws and Fair Chance Policies.
The Ban-The-Box laws prohibit employers from asking applicants about there criminal history on an initial job application. Some states and counties go further prohibiting the employer to ask until an interview has been conducted and a conditional job offer has been made.
A few states like California go a bit further by requiring the employer to wait until a multi-factored individual analysis of the candidate is made and whether or not the criminal history justifies denial of employment.
If employers chose to deny employment based on criminal history, the employer must provide the applicant with notice and an opportunity to provide evidence that will lessen the impact of the individuals criminal history.