The federal government became the most recent employer to adopt a “Ban the Box” policy when The Fair Chance to Compete for Jobs Act became effective December 20, 2021. The law prohibits federal contractors and most federal agencies from inquiring into an applicant’s criminal history—including arrests and convictions—prior to making a conditional job offer. Therefore, federal contractors should review their applications and hiring practices to ensure they are complying with the recently-enacted law.
Generally, the purpose of Ban the Box is to give ex-offenders a second chance and reduce recidivism rates. Thirty-seven states and more than 150 localities have adopted some form of Ban the Box legislation, meaning over 75% of the U.S. population lives in a Ban the Box jurisdiction. However, because there is no uniform policy, the details of each jurisdiction’s policy varies. For example, only 15 states and 22 localities extend their Ban the Box law to private employers. In addition, enforcement for violations differ in jurisdictions, ranging from fines to a private right of action.
There are certain key exceptions to Ban the Box laws. First, although an employer may be barred from asking about criminal history on an application or in an interview, the applicant may volunteer the information themselves. Under those circumstances, the employer generally may use it in a decision not to hire. Next, certain jobs or questions are exempt from Ban the Box. For example, if an applicant’...
New York Gov. Kathy Hochul stressed earlier this year she would be cracking down on auto insurance fraud statewide. Several months later, her office has announced more than a dozen related arrests.