Ban the Box Laws By State

States and cities across the country have implemented Ban the Box or criminal background check legislation in recent years. Now, federal lawmakers are considering a law which would encourage holdout states to pass Ban the Box bills themselves.

Recently, St Louis joined the list of cities with its own law, while New York City and Illinois updated their legislation. To help employers, we’ve created a guide to criminal background check laws by state and city for 2021.

One in Three American Adults Have a Criminal History

In the past, having a criminal history prevented some potentially great job candidates from being hired, regardless of how long ago the crime took place, how minor the infraction was, or how good of a fit they might be for the role. When you consider that an estimated 70 million Americans—one in three Americans who are of working age—have some kind of criminal history, it’s not difficult to understand how requiring a squeaky-clean record could become problematic for some jobs.

Even People Without Convictions Can Be Discriminated Against

Many criminal background checks fail to distinguish between someone being arrested or charged and actually being convicted. Potential employees are routinely asked on job applications if they’ve “ever been arrested for a serious crime.” Not if they have a conviction history…simply arrested. It’s easy to see how checking “yes” on this box could be used to take some candidates out of the running for a job.

This is exactly the reason why many states and localities are passing criminal background check laws to protect job hunters who have a criminal record from being immediately disqualified during the hiring process.

What is a “Ban the Box” Law?

A “ban the box” law is a criminal background check law that prohibits employers from requesting a potential employee’s criminal history on a job application in certain states and localities. Some laws forbid a company from asking if the candidate was ever sentenced for a crime until a specific time in the hiring process, such as during an interview or after a conditional offer of employment.

Ban the Box Is Good for Children and Families

Colorado is one of the most recent states with laws requiring employers to ban the box with its Colorado Chance to Compete Act (CCCA). They, like other states that have implemented the ban, found that,

“Previous involvement with the criminal justice system often creates a significant barrier to employment in that applicants with criminal histories are less likely to be considered for an available job when that information is included on an initial job application… Children and families suffer when people with criminal histories are unable to work or work at jobs that are below their potential given their education and skills….”

Additionally, including a criminal history question on an application often results in disparate impact discrimination. Because Latino and African American men are arrested and convicted at a higher rate than Caucasian men, an employment application asking about criminal history has a disproportionate impact on them.

Credit Checks Can Also Be Considered a Discriminatory Act

Several states also have laws that prevent an employer from using a person’s credit history to make employment decisions. A credit history background check can also be lumped under “disparate impact discrimination” as it can have a negative impact on women and minorities. These two groups are more likely to experience bankruptcies or have poor credit reports. Generally, states that have credit check restrictions allow for one if the job in question is for a financial institution or where the applicant would otherwise have access to financial data.