37 states with Ban the Box laws: Employer’s guide

Many states and cities in the US have Ban the Box laws. You must understand which ones apply to you and what your obligations are as an employer. Failure to do so can result in discriminatory hiring practices and penalties, including fines. 

Ban the Box regulations can be complex, and multiple laws may apply to you at the state and local levels. Our state-by-state guide to Ban the Box laws will help you understand how to avoid unfair hiring practices and comply with relevant regulations.

What is a Ban the Box law?

Ban the Box laws prevent employers from asking about candidates’ criminal records early in the hiring process. Traditionally, job applications often included a yes/no check box next to the question, “Have you ever been convicted of a crime?”.

Ban the Box laws prohibit this practice. Instead, they generally require employers to wait until a first interview or an offer of employment before asking about criminal records. 

The main goal of Ban the Box is to address the high unemployment rates of individuals with criminal histories. These laws aim to level the playing field and ensure equal employment opportunities.

Ban the Box laws support fair chance hiring by delaying criminal record inquiries. They encourage employers to consider candidates' qualities that make them suitable for the role alongside their convictions. These include their skills, experience, qualifications, and so on.

While Ban the Box laws are becoming more common, some exemptions exist. These often apply to specific jobs and industries, such as working with children or other vulnerable people. 

Ban the Box laws vary between the federal, state, and local levels, so checking the laws that apply to your business is essential. 

Benefits of Ban the Box laws

Preventing automatic disqualification of applicants with previous convictions benefits both individuals and employers. 

Employment is a key factor in reducing the risk of reoffending. Ban the Box laws give people with criminal convictions access to more equal employment opportunities. This supports their reintegration into society and reduces recidivism. 

For employers, banning the box gives you access to a larger talent pool and results in more diverse hiring. It can also reduce the risk of discriminatory hiring practices, including adverse impact. 

You must understand which Ban the Box laws apply to you and their requirements. Failing to comply with your obligations means you could face penalties such as fines or lawsuits.  

States with Ban the Box laws

Federal employers can’t request information about candidates’ arrests or criminal records until they’ve made a conditional job offer. However, federal laws don’t prevent private employers from asking about criminal convictions on job applications.  

There are 37 states – plus the District of Columbia – with Ban the Box laws. These laws can apply to state employers, private employers, or both. 

Let’s take a closer look at the states with Ban the Box laws.

The above is an overview of Ban the Box laws by state. It’s essential to seek legal advice tailored to your business’s circumstances. This will ensure you understand which rules apply to you and the requirements.  

City and county Ban the Box laws

Even if your state doesn’t appear on the above list, you may still be subject to Ban the Box laws. 

In addition to state laws, over 150 cities or counties have Ban the Box laws. These include Austin, Baltimore, Columbia, Los Angeles, New York City, and Portland. You must check your obligations at a local level to fully understand your responsibilities as an employer. 

Depending on the location of your business, laws at both the state and local level may apply to you. These laws can sometimes provide different protections. If this happens, it’s usually the law that offers the most protections to the employee that applies. 

Do Ban the Box laws apply to my business?

You need to confirm which Ban the Box laws apply to your business based on its location. This can be at the state and city level. Different laws may apply if you have offices in multiple states or cities. 

There are also different laws for public versus private employers. For private employers, some Ban the Box laws apply to all. Others are only applicable to those with a minimum number of employees. 

Ban the Box regulations also provide exemptions in specific circumstances. Ban the Box laws don’t apply in many states if a different law requires or allows you to ask candidates about criminal records. For example, numerous state laws require employers to ask about criminal convictions when hiring for positions in the health, childcare, and financial industries. 

Can my business choose to “ban the box” even if not legally required?

You can choose to ban the box from your hiring process voluntarily. Several major companies, including Starbucks and Target, did this before they were legally required to do so. 

As a starting point, the Equal Employment Opportunity Commission (EEOC) – the federal body responsible for administering employment discrimination laws – recommends employers only consider criminal records when making final hiring decisions. 

In 2012, the EEOC published a guidance on considering arrest and conviction records in employment decisions. Here are some examples of the best practices for employers to follow.

• Adequately training staff about employment discrimination, including hiring discrimination.

• Creating an internal policy that details your organization’s approach to criminal records during the hiring process. Your policy should identify specific offenses that may indicate a candidate is unfit to perform the job requirements and require hiring managers to conduct individualized assessments for each candidate. 

• If you ask about criminal records, limit your questions to “records for which exclusion would be job-related…and consistent with business necessity.”

• Keeping candidates’ applications and criminal histories confidential.

If you voluntarily introduce a Ban the Box policy, you must apply it consistently. If you inquire about applicants’ criminal histories later in the hiring process, you should ask all candidates under consideration for the role. Only asking specific candidates could amount to discrimination. 

How Ban the Box laws impact background checks

It’s vital to understand how Ban the Box laws apply to you if you use background checks in your hiring process. In addition to banning the box on job applications, some laws require employers to delay criminal record checks until later in the recruitment process. 

If you use a consumer reporting agency, you must also ensure their checks and processes comply with your state or city's relevant Ban the Box laws. 

Creating fairer hiring practices

Ban the Box laws support equal employment opportunities by delaying when employers can ask about candidates’ criminal records. These laws help reduce reoffending and encourage fairer, more diverse hiring practices. However, it’s important to note that Ban the Box laws vary between states and counties. You must check which rules apply to your business to avoid possible fines or lawsuits.  

Like Ban the Box laws, pre-employment testing helps you create fairer recruitment practices. Try TestGorilla’s free plan to see how it can support your business to conduct fairer, more inclusive hiring. 

Disclaimer

The information in this article is a general summary for informational purposes and isn’t intended to be legal advice. Laws are subject to constant change, and their application varies based on your individual circumstances. You should always seek legal advice from a qualified attorney about your legal obligations as an employer. While this summary is intended to be informative, we can’t guarantee its accuracy or applicability to your situation.