77 million Americans have a criminal record. That's 1 in 3 adults who are looking for a fresh start.
Fair chance, the practice of not automatically excluding these candidates, widens an employer's talent pool while transforming lives with opportunities to work. Research has shown that organizations that practice fair chance also see higher retention rates, saving time and money.
What are Ban the Box policies?
The law initially referred to the actual box on a job application where candidates would indicate whether they have an arrest or conviction history. Today, many Ban the Box laws also govern when employers are allowed to conduct a background check.
Currently, 37 states and over 150 cities and counties have adopted Ban the Box policies.
Why does Ban the Box matter?
Some 1 in 3 American adults have an arrest or conviction record. For many, having a conviction history makes it difficult to find gainful employment to support themselves and their families. More than one-quarter (27 percent) of formerly incarcerated individuals are unemployed.
Making hiring decision based on a job candidate's arrest or conviction record can lead to claims of disparate impact discrimination. According to EEOC guidance, hiring policies that appear neutral - such as denying employment based on a criminal history - can violate the law if they disproportionately impact employees and candidates protected by Title VII of the Civil Rights Act of 1964.
Title VII prohibits employers from discriminating against candidates on the basis of race, color, religion, sex, or national origin.
How does Ban the Box impact employers?
More than four-fifths of the U.S. population (over 276 million people), live in a jurisdiction that has banned the box, according to the National Employment Law Project.
Know your state's law:
- Arizona - No law
- California - No criminal background check until after a job offer
- Florida - No law
- Idaho - No law
- Indiana - No law
- Missouri - No law
- Nevada - No law
- North Carolina - No law
- Oregon - Illegal to exclude applicant from an interview solely due to a past criminal conviction
- Tennessee - No law
- Texas - (Austin only) - No criminal background check prior to conditional job offer
- Utah - No law
- Washington - No criminal history check before applicant is deemed otherwise qualified
- Seattle - Must have a legitimate business reason to automatically exclude applicants with arrest or conviction records
What is an individualized assessment?
When you use an individualized assessment, you consider each candidate's circumstances and the context around their violations. With the additional information you get from individualized assessment, employers can make fairer, more job-related hiring decisions.
Individualized assessment is a best practice that the federal Equal Employment Opportunity Commission (EEOC) recommends, and in some places, requires. Individualized assessment can include the factors below:
- Candidate rehabilitation efforts
- Case disposition
- Job-relevance of the offense
- Offense type and severity
- Time since the offense
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