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Ban the Box Laws

Alabama

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

COUNTY LAWS

BIRMINGHAM, AL – PUBLIC SECTOR

Alaska

Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in Alaska and no additional adverse action requirements beyond the FCRA.

Arizona

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector, State Agency employers for the state of Arizona.

Timing of inquiry: Public employers for Spokane County may only inquire into criminal history after an initial interview.

Adverse Action implications: None

VIEW EXECUTIVE ORDER


COUNTY LAWS

COCONINO COUNTY, AZ – PUBLIC SECTOR

GLENDALE, AZ – PUBLIC SECTOR

PIMA COUNTY, AZ (TUSCON) – PUBLIC SECTOR

PHOENIX, AZ – PUBLIC SECTOR

TEMPE, AZ – PUBLIC SECTOR

TUCSON, AZ – PUBLIC SECTOR

Arkansas

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

COUNTY LAWS

PULASKI COUNTY, AR – PUBLIC SECTOR

California

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR (REPEALED EFFECTIVE JANUARY 1, 2018)

Who must follow: This ban the box law applies only if you are a public sector employer in California.

Timing of inquiry: Public employers in California may only inquire into criminal history after the candidate is deemed qualified to meet minimum requirements of the position.

SEE LAW


STATE LAWS — PUBLIC AND PRIVATE SECTOR

Who must follow: These background screening rules applies to all employers in California with at least 5 employees, regardless of those employees’ work location.

Timing of inquiry: Employers in California may only inquire into criminal history after making a conditional offer to the candidate.

Use of criminal records: Employers with at least 5 employees are prohibited from using criminal history in employment decisions if doing so would have an adverse impact on individuals, and

  1. the employer cannot prove such use is job-related and consistent with business necessity; or
  2. the screening and hiring policy must be the absolute least discriminatory method for achieving the business need

Adverse action implications:

  • Consideration of specific criminal records. The law also specifically prohibits employers from considering the following criminal records:
    1. An arrest or detention that did not result in conviction
    2. Referral to or participation in a pretrial or post-trial diversion program
    3. A conviction that has been judicially dismissed or ordered sealed, expunged or statutorily eradicated pursuant to law
    4. Juvenile records
    5. A non-felony conviction for possession of marijuana that is two or more years old
  • Pre-adverse action notices. Pre-adverse action notices. Employers must inform candidates of the specific offense or offenses that may lead to an adverse hiring decision with the pre-adverse action notice.Additionally, beginning January 1, 2018, pre-adverse action notices must also:
    1. explain the applicant’s right to respond to the notice before the employer’s decision becomes final,
    2. state the deadline for that response, and
    3. tell the applicant that the response may include evidence challenging the accuracy of the conviction history and evidence of rehabilitation or mitigating circumstances.
  • Individualized assessment is required as of January 1, 2018 and must take into account the nature and gravity of the criminal offense, the time that has passed since the offense and the completion of the sentence, and the nature of the job sought.Until January 1, we still recommend employers perform individualized assessments to easily comply with the current law’s requirements that Employers demonstrate their screening policies are job-related and consistent with business necessity.
  • Waiting Period: Employers MUST hold the job open for 5 business days while providing time for the candidate to respond to the pre-adverse action notice. If a candidate disputes the accuracy of information during the waiting period, the employer must wait an additional 5 business days from the date of dispute before sending final adverse action. (This requirement effective January 1, 2018)
  • Final Adverse Action: As of January 1, 2018, The final adverse action notice must inform the applicant of:
    1. any existing procedure the employer has to challenge the decision or request reconsideration; and
    2. the right to file a complaint with the Department of Fair Employment and Housing

COUNTY LAWS

BERKELEY, CA — PUBLIC SECTOR

CARSON, CA — PUBLIC SECTOR

COMPTON, CA — PUBLIC SECTOR

OAKLAND, CA — PUBLIC SECTOR

LOS ANGELES, CA — PRIVATE SECTOR

RICHMOND, CA – PUBLIC SECTOR

SAN FRANCISCO, CA — PUBLIC SECTOR

SAN FRANCISCO, CA — PRIVATE SECTOR (UPDATED APRIL 16, 2018)

SAN FRANCISCO, CA – PUBLIC AND PRIVATE SECTOR

Colorado

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

COUNTY LAWS

DENVER, CO – PUBLIC SECTOR

Connecticut

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC AND PRIVATE SECTOR

Who must follow: This ban-the-box law applies to all employers in Connecticut.

Timing of inquiry: Employers in Connecticut may not inquire into criminal history on the job application form.

Adverse action implications:

  • Consideration of records. Employers are prohibited from rejecting an applicant or terminating an employee because of erased records and a prior conviction for which the individual has received a provisional pardon or certificate of rehabilitation pursuant to Conn. Gen. Stat. § 54-130a, or a certificate of rehabilitation pursuant to Conn. Gen. Stat. § 54-108f.
  • Final adverse action notice. Your final adverse action notice must inform the candidate of what information in the background check led to final adverse action and why.

SEE LAW


COUNTY LAWS

BRIDGEPORT, CT – PUBLIC SECTOR

HARTFORD, CT – PUBLIC SECTOR

NEW HAVEN, CT – PUBLIC SECTOR

Delaware

Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in Delaware and no additional adverse action requirements beyond the FCRA.

Florida

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

COUNTY LAWS

BROWARD COUNTY, FL – PUBLIC SECTOR

CLEARWATER, FL – PUBLIC SECTOR

DAYTONA BEACH, FL – PUBLIC SECTOR

FORT MYERS, FL – PUBLIC SECTOR

GAINESVILLE, FL – PUBLIC SECTOR

JACKSONVILLE, FL – PUBLIC SECTOR

MIAMI DADE COUNTY, FL – PUBLIC SECTOR

ORLANDO, FL – PUBLIC SECTOR

POMPANO BEACH, FL – PUBLIC SECTOR

SARASOTA, FL – PUBLIC SECTOR

ST. PETERSBURG, FL – PUBLIC SECTOR

TAMPA, FL – PUBLIC SECTOR

TALLAHASSEE, FL – PUBLIC SECTOR

Georgia

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the State of Georgia.

Timing of inquiry: Public sector employers for the state of Georgia may not inquire into criminal history on job applications.

Adverse action implications: None

SEE LAW


COUNTY LAWS

ALBANY, GA – PUBLIC SECTOR

ATLANTA, GA – PUBLIC SECTOR

AUGUSTA, GA – PUBLIC SECTOR

CHEROKEE COUNTY, GA – PUBLIC SECTOR

COLUMBUS, GA – PUBLIC SECTOR

FULTON COUNTY, GA – PUBLIC SECTOR

MACON BIBB COUNTY, GA – PUBLIC SECTOR

Hawaii

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC AND PRIVATE SECTOR

Who must follow: This ban-the-box law applies to all employers in Hawaii.

Timing of inquiry: Employers in Hawaii may only inquire into criminal history after a conditional offer.

Consideration of records: Employers may only inquire into convictions and pending cases.

Adverse action implications: None

SEE LAW

Idaho

Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in Idaho and no additional adverse action requirements beyond the FCRA as of the latest update.

Illinois

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PRIVATE SECTOR

Who must follow: This ban-the-box law applies only to private employers in Illinois with 15 or more employees or employment agencies in Illinois.

Timing of inquiry: Private employers in Illinois may only inquire into criminal history after the applicant has been selected for an interview or, if there is no interview, until after a conditional offer.

Adverse action implications: 

  • Consideration of records: Under a different law, 775 ILCS 5/2-103, employers cannot inquire into or use the fact of an arrest, or a record ordered expunged, sealed, or impounded, as a basis for adverse action.

SEE LAW


STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public-sector employers for the State of Illinois.

Timing of inquiry: Private employers in Illinois may only inquire into criminal history after the applicant has been selected for an interview or, if there is no interview, until after a conditional offer.

Adverse action implications:

  • Individualized assessment: This location requires the employer to conduct an individualized assessment prior to sending a final adverse action notice.
  • Consideration of records: Under a different law, 775 ILCS 5/2-103, employers cannot inquire into or use the fact of an arrest, or a record ordered expunged, sealed, or impounded, as a basis for adverse action.

SEE LAW


COUNTY LAWS

CHICAGO, IL – PUBLIC AND PRIVATE

Indiana

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PRIVATE SECTOR

Indiana state law prohibits any county, city, or town from passing its own ban-the-box law as of July 1, 2017. Private employers in Indianapolis that provide services to the City of Indianapolis may resume inquiring into criminal history prior to a conditional offer of employment.


STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box executive order applies to public sector positions in the state’s Executive Branch.

Timing of inquiry: Applications for Executive Branch positions will not inquire about criminal history or convictions unless conviction of a particular crime precludes that person from employment in that specific job. A background check may be conducted at a later stage in the hiring process.

SEE LAW

Iowa

Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in Iowa and no additional adverse action requirements beyond the FCRA as of the latest update.

Kansas

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

COUNTY LAWS

JOHNSON COUNTY, KS – PUBLIC SECTOR

KANSAS CITY, KS AND WYANDOTTE COUNTY – PUBLIC SECTOR

TOPEKA, KS – PUBLIC SECTOR

WICHITA, KS – PUBLIC SECTOR

Kentucky

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer in the executive branch for the State of Kentucky.

Timing of inquiry: Public sector, executive branch employers may only inquire into criminal history after contacting the applicant to offer an interview for the position.

Adverse action implications: None

SEE LAW


COUNTY LAWS

LOUISVILLE, KY – PUBLIC SECTOR

Louisiana

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the State of Louisiana and you are hiring for an “unclassified” position.

Timing of inquiry: Public sector employers for the state of Louisiana may only inquire into criminal history after the first interview, or if no interview is conducted, after a conditional offer.

Adverse action implications:

  • Individualized assessment recommended. The statute doesn’t require an individualized assessment but states that an employer “may” consider the nature and gravity of the criminal conduct, the time passed since the criminal conduct, and the bearing the criminal conduct will have on the ability of the employee to perform duties and functions of the role. We encourage employers to perform an individualized assessment in light of this.

SEE LAW


COUNTY LAWS

BATON ROUGE, LA – PUBLIC SECTOR

NEW ORLEANS, LA – PUBLIC SECTOR

Maine

Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in Maine and no additional adverse action requirements beyond the FCRA as of the latest update.

Maryland

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are public employer for the State of Maryland.

Timing of inquiry: Public employers for the State of Maryland may only inquire into criminal history after the applicant has been provided an opportunity for an interview.

Adverse action implications: None

SEE LAW


COUNTY LAWS

BALTIMORE, MD – PUBLIC SECTOR

BALTIMORE, MD – PUBLIC AND PRIVATE SECTOR

MONTGOMERY COUNTY, MD – PUBLIC AND PRIVATE SECTOR

PRINCE GEORGE’S COUNTY, MD – PUBLIC AND PRIVATE SECTOR

Massachusetts

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC AND PRIVATE SECTOR

Who must follow: This ban-the-box law and respective background screening requirements apply to all employers in Massachusetts, both public and private.

NOTICE! CORI Policy Required: A person who annually conducts 5 or more criminal background investigations, whether criminal offender record information is obtained from the Department of Criminal Justice Information Services or any other source, including a commercial Consumer Reporting Agency, must have a written criminal offender record information (CORI) policy stating that it will: (i) notify the applicant of the potential adverse decision based on the criminal offender record information; (ii) provide a copy of the criminal offender record information and the policy to the applicant; and (iii) provide information concerning the process for correcting a criminal record.

Adverse action implications:

  • Pre-adverse action. Employers must identify the specific information in the report that is the basis for the potential adverse action, even when criminal history information is obtained from a source other than the State’s DCJIS CORI system. This means that even employers using a commercial CRA must comply. You must also provide a copy of your CORI policy along with the pre-adverse action notice. Employers using the STATE CORI system to obtain criminal record information must also provide to the candidate a copy of “DCJIS Information Concerning the Process in Correcting a Criminal Record.”

COUNTY LAWS

BOSTON, MA — PUBLIC SECTOR

CAMBRIDGE, MA — PUBLIC SECTOR

WORCESTER, MA – PUBLIC SECTOR

Michigan

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are public employer for the State of Michigan.

Timing of inquiry: An initial job application for state public sector employment may only ask for an affirmation of good character; inquiries into past felony convictions must be omitted. Public employers for the State of Michigan may only inquire into criminal history later in the hiring process after an initial interview or a conditional job offer has been made.

Adverse action implications: None

SEE ORDER


COUNTY LAWS

ANN ARBOR, MI – PUBLIC SECTOR

DETROIT, MI – PUBLIC SECTOR

EAST LANSING, MI – PUBLIC SECTOR

GENESEE COUNTY, MI – PUBLIC SECTOR

KALAMAZOO, MI – PUBLIC SECTOR AND VENDORS

MUSKEGON COUNTY – PUBLIC SECTOR

Minnesota

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC AND PRIVATE SECTOR

Note: Only the timing restrictions apply to the private sector.

Who must follow: This ban-the-box law applies to both public sector employers and licensing authorities located in Minnesota.

Timing of inquiry: Employers in Minnesota, whether public or private, may not inquire into criminal history until the applicant has been selected for an interview by the employer or, if there is not an interview before a conditional offer of employment is made.

Consideration of records: Public sector employers in the state of Minnesota are prohibited from inquiring into or using records of arrest not followed by a valid conviction, annulled or expunged convictions, and misdemeanor convictions for which no jail sentence can be imposed.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed for public-sector positions and positions for which a license is required.
  • Final adverse action notice. If a public sector employer or licensing authority denies an individual a position of public employment or disqualifies the person from an occupation for which a license is required, the hiring or licensing authority shall notify the individual in writing of the following:(1) the grounds and reasons for the denial or disqualification; (2) the applicable complaint and grievance procedure as set forth in section 364.06; (3) the earliest date the person may reapply for a position of public employment or a license; and (4) that all competent evidence of rehabilitation presented will be considered upon reapplication.

SEE LAW


COUNTY LAWS

MINNEAPOLIS, MN – PUBLIC SECTOR

ST. PAUL, MN – PUBLIC SECTOR

Mississippi

Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in Mississippi and no additional adverse action requirements beyond the FCRA as of the latest update.

Missouri

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employersin the executive branch for the State of Missouri.

Timing of inquiry: Public sector employers in the executive branch for the State of Missouri may not inquire into criminal history on the job application.

Adverse action implications: None

SEE LAW


COUNTY LAWS

COLUMBIA, MO – PUBLIC AND PRIVATE SECTOR

JACKSON COUNTY, MO – PUBLIC SECTOR

KANSAS CITY, MO – PRIVATE SECTOR

KANSAS CITY, MO – PUBLIC SECTOR

ST LOUIS, MO – PUBLIC SECTOR

Montana

Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in Montana and no additional adverse action requirements beyond the FCRA as of the latest update.

Nebraska

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the State of Nebraska and its cities and counties.

Timing of inquiry: Public sector employers in Nebraska may not inquire into criminal history until after the employer has determined the applicant meets the minimum employment qualifications.

Adverse action implications: None

SEE LAW

Nevada

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

COUNTY LAWS

NORTH LAS VEGAS, NV – PUBLIC SECTOR

New Hampshire

Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in New Hampshire and no additional adverse action requirements beyond the FCRA as of the lastest update.

New Jersey

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC AND PRIVATE SECTOR

Who must follow: This ban-the-box law applies to all employers in the State of New Jersey who have at least 15 employees and either do business in, employ people in, or take applications for employment within the State of New Jersey.

Timing of inquiry: Employers in New Jersey may not inquire into criminal history until after the first interview.

Adverse action implications:

  • Consideration of records. Employers are prohibited from considering expunged or pardoned convictions when making an employment decision.
  • Pre-adverse action. As a best practice, employers should include New Jersey’s Summary of Rights with each pre-adverse action notice.

NOTE: This state law preempts any other local or county ban-the-box law in New Jersey.

SEE LAW

New Mexico

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the State of New Mexico and its cities and counties.

Timing of inquiry: Public sector employers for the State of New Mexico may only inquire into criminal history after the applicant has been named a finalist.

Consideration of records: This ban-the-box law prohibits public sector employers from considering records of arrest not followed by conviction and misdemeanor convictions not involving moral turpitude.

Final adverse action notice: Public sector employers must state in writing the reasons for a decision prohibiting the person from engaging in employment or obtaining a license when such decision is based, in part, on a criminal history inquiry.

SEE LAW

New York

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC AND PRIVATE SECTOR

Who must follow: This background screening law applies to all employers in the State of New York

Consideration of records: In compliance with Executive Law § 296 subdivision 16 (Human Rights Law) and the Family Court Act, employers are prohibited from asking at any time for applicants to disclose information about any arrest that resulted in a Youthful Offender Adjudication pursuant to Criminal Procedure Law § 720.35: any arrest that was processed as a Juvenile Delinquency proceeding in Family Court; any arrest that resulted in a sealing pursuant to Criminal Procedure Law (CPL) §160.50 or CPL § 160.55: any conviction that was sealed pursuant to CPL § 160.58, unless said inquiry is specifically required or permitted by New York State or federal law.

Adverse action implications: None


STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers/agencies/licensing authorities for the state of New York.

Timing of inquiry: Public sector employers or licensing authorities for the state of New York may only inquire into criminal history after the first interview.

Adverse action implications:

  • Individualized assessment. Employers subject to this law must conduct an individualized assessment per the requirements of NY Corrections Law 23-A.
  • Candidate access to information: Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request.

SEE LAW


STATE LAWS — PUBLIC AND PRIVATE SECTOR

Who must follow: NY Corrections Law 23-A applies to all employers in New York State.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed per the requirements of NY Corrections Law 23-A.
  • Candidate access to information: Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request.

SEE LAW


COUNTY LAWS

ALBANY COUNTY, NY – PUBLIC SECTOR

BUFFALO, NY – PUBLIC SECTOR

DUTCHESS COUNTY, NY – PUBLIC SECTOR

ITHACA, NY – PUBLIC SECTOR

KINGSTON, NY – PUBLIC SECTOR

NEWBURGH, NY – PUBLIC SECTOR

NEW YORK CITY, NY – PUBLIC AND PRIVATE SECTOR

ROCHESTER, NY – PUBLIC AND PRIVATE SECTOR

SYRACUSE, NY – PUBLIC SECTOR

TOMPKINS COUNTY, NY – PUBLIC SECTOR

ULSTER COUNTY, NY – PUBLIC SECTOR

WESTCHESTER COUNTY, NY – PUBLIC SECTOR

WOODSTOCK, NY – PUBLIC SECTOR

YONKERS, NY – PUBLIC SECTOR

North Carolina

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

COUNTY LAWS

ASHEVILLE, NC – PUBLIC SECTOR

BUNCOMBE COUNTY, NC – PUBLIC SECTOR

CARRBORO, NC – PUBLIC SECTOR

CHARLOTTE, NC – PUBLIC SECTOR

CUMBERLAND COUNTY, NC – PUBLIC SECTOR

DURHAM COUNTY, NC – PUBLIC SECTOR

DURHAM, NC – PUBLIC SECTOR

FORSYTH COUNTY, NC – PUBLIC SECTOR

MECKLENBURG COUNTY, NC – PUBLIC SECTOR

SPRING LAKE, NC – PUBLIC SECTOR

WAKE COUNTY, NC – PUBLIC SECTOR

North Dakota

Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in North Dakota and no additional adverse action requirements beyond the FCRA as of the latest update.

Ohio

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the state of Ohio, including cities and counties.

Timing of inquiry: Public sector employers in Ohio may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

SEE LAW


COUNTY LAWS

AKRON, OH – PUBLIC SECTOR

ALLIANCE, OH – PUBLIC SECTOR

CANTON, OH – PUBLIC SECTOR

CINCINNATI, OH – PUBLIC SECTOR

CLEVELAND, OH – PUBLIC SECTOR

CUYAHOGA COUNTY, OH – PUBLIC SECTOR

DAYTON, OH – PUBLIC SECTOR

FRANKLIN COUNTY, OH – PUBLIC SECTOR

HAMILTON COUNTY, OH – PUBLIC SECTOR

LUCAS COUNTY, OH – PUBLIC SECTOR

MASSILLON, OH – PUBLIC SECTOR

NEWARK, OH – PUBLIC SECTOR

SUMMIT COUNTY, OH – PUBLIC SECTOR

WARREN, OH – PUBLIC SECTOR

YOUNGSTOWN, OH – PUBLIC SECTOR

Oklahoma

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to state agency employers for the state of Oklahoma.

Timing of inquiry: State agencies in Oklahoma may not inquire into criminal history on the job application unless a felony conviction would automatically render an applicant not qualified.

Adverse action implications: None

SEE LAW

Oregon

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC AND PRIVATE SECTOR

Who must follow: This ban-the-box law applies to all employers, both public and private, in the state of Oregon.

Timing of inquiry: Employers in Oregon may only inquire into criminal history after the initial interview, or if no interview is conducted, after a conditional offer of employment.

Adverse action implications: None

SEE LAW


COUNTY LAWS

MULTNOMAH COUNTY – PUBLIC SECTOR

PORTLAND, OR – PUBLIC AND PRIVATE SECTOR

Pennsylvania

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the State of Pennsylvania that are hiring for non-civil service positions falling under the governor’s jurisdiction.

Timing of inquiry: Public sector employers for the state of Pennsylvania may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.
  • Consideration of records. Employers should only consider pending cases and felony and misdemeanor convictions. Non-convictions should not be used in the hiring decision, nor should Summary Offenses.

SEE POLICY


STATE LAWS — PUBLIC AND PRIVATE SECTOR

Who must follow: This law applies to all employers in Pennsylvania, both public and private.

Adverse action implications:

  • Individualized assessment. All employers in Pennsylvania must assess whether convictions relate to the applicant’s suitability for employment in the position for which the applicant has applied.
  • Consideration of records. Employers should only consider pending cases and felony and misdemeanor convictions. Non-convictions should not be used in the hiring decision, nor should summary offenses.

SEE LAW


COUNTY LAWS

ALLEGHENY COUNTY, PA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Allegheny County, PA.

Timing of inquiry: Public sector employers for Allegheny County may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

ALLENTOWN, PA – PUBLIC SECTOR

BETHLEHEM, PA – PUBLIC SECTOR

LANCASTER, PA – PUBLIC SECTOR

PHILADELPHIA, PA – PUBLIC AND PRIVATE SECTOR

PITTSBURGH, PA – PUBLIC SECTOR

READING, PA – PUBLIC SECTOR

Rhode Island

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC AND PRIVATE SECTOR

Who must follow: This ban-the-box law applies to all public sector employers for the state of Rhode Island and all private sector employers in Rhode Island who have at least 4 employees.

Timing of inquiry: Employers in the state of Rhode Island may only inquire into criminal history during the first interview with the applicant or later.

Adverse action implications: None

SEE LAW


COUNTY LAWS

PROVIDENCE, RI – PUBLIC SECTOR

South Carolina

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

COUNTY LAWS

SPARTANBURG, SC – PUBLIC SECTOR

YORK COUNTY, SC – PUBLIC SECTOR

South Dakota

Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in South Dakota and no additional adverse action requirements beyond the FCRA as of the latest update.

Tennessee

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the state of Tennessee.

Timing of inquiry: Public sector employers for the state of Tennessee may not inquire into criminal history on the job application.

Adverse action implications:  

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

SEE LAW


COUNTY LAWS

CHATTANOOGA, TN – PUBLIC SECTOR

HAMILTON COUNTY, TN – PUBLIC SECTOR

MEMPHIS, TN – PUBLIC SECTOR

NASHVILLE, TN – PUBLIC SECTOR

Texas

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

COUNTY LAWS

AUSTIN, TX – PUBLIC AND PRIVATE SECTOR

DALLAS COUNTY, TX – PUBLIC SECTOR

SAN ANTONIO, TX – PUBLIC SECTOR

TRAVIS COUNTY, TX – PUBLIC SECTOR

Utah

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the State of Utah, including counties and municipalities in the state.

Timing of inquiry: Public sector employers for the state of Utah may only inquire into criminal history during the initial interview or later; or, if no interview is conducted, until a conditional offer of employment.

Adverse action implications: None

SEE DETAILS

Vermont

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC AND PRIVATE SECTOR

Who must follow: This ban-the-box law applies to all employers doing business in or operating in Vermont.

Timing of inquiry: Employers in Vermont may only inquire into criminal history during an interview or once the prospective employee has been deemed “otherwise qualified” for the position.

Adverse action implications: None

SEE LAW

Virginia

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the State of Virginia (all agencies, boards, and commissions within the executive branch of government subject to the authority of the Governor).

Timing of inquiry: Public sector employers for the state of Virginia may only inquire into criminal history after the applicant is deemed “otherwise eligible” and is being considered for a specific position.

Adverse action implications

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

SEE LAW


COUNTY LAWS

ALEXANDRIA, VA – PUBLIC SECTOR

ARLINGTON COUNTY, VA – PUBLIC SECTOR

BLACKSBURG, VA – PUBLIC SECTOR

CHARLOTTESVILLE, VA – PUBLIC SECTOR

DANVILLE, VA – PUBLIC SECTOR

FAIRFAX COUNTY, VA – PUBLIC SECTOR

FREDERICKSBURG, VA – PUBLIC SECTOR

HARRISONBURG, VA – PUBLIC SECTOR

HENRY COUNTY, VA – PUBLIC SECTOR

MONTGOMERY COUNTY, VA – PUBLIC SECTOR

NEWPORT NEWS, VA – PUBLIC SECTOR

NORFOLK, VA – PUBLIC SECTOR

PETERSBURG, VA – PUBLIC SECTOR

PORTSMOUTH, VA – PUBLIC SECTOR

PRINCE WILLIAM COUNTY, VA – PUBLIC SECTOR

RICHMOND, VA – PUBLIC SECTOR

ROANOKE, VA – PUBLIC SECTOR

STAUNTON, VA – PUBLIC SECTOR

VIRGINIA BEACH, VA – PUBLIC SECTOR

Washington

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC AND PRIVATE SECTOR

Who must follow: This ban-the-box law applies to all employers, both public and private, doing business in or operating in Washington.

Timing of inquiry: Employers in Washington may only inquire into criminal history after the applicant is found “otherwise qualified” for the position

Adverse action implications: None.

SEE BILL


COUNTY LAWS

PIERCE COUNTY, WA – PUBLIC SECTOR

SEATTLE, WA – PUBLIC AND PRIVATE SECTOR

SPOKANE, WA – PUBLIC AND PRIVATE SECTOR

SPOKANE COUNTY, WA – PUBLIC SECTOR

TACOMA, WA – PUBLIC SECTOR

District of Columbia

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC AND PRIVATE SECTOR

Who must follow: This ban-the-box law applies to all employers in the District of Columbia who employ more than 10 people within the District.

Timing of inquiry: Employers in Washington, DC, may only inquire into criminal history after making a conditional offer.

Consideration of records: The employer may only ask about criminal conviction(s) and pending cases. The employer can never inquire into arrests or criminal accusations that aren’t pending.

Adverse action implications:

  • Pre-adverse action notice: A copy of the document Notice of Right to File Complaint must be included with a pre-adverse action notice.
  • Individualized assessment: Employers covered under this law must conduct an individualized assessment prior to sending a final adverse action notice.
  • Revocation of conditional offer: An employer may only take an adverse action against an applicant for a legitimate business reason. The employer’s determination of a legitimate business reason must be reasonable in light of the individualized assessment, which incorporates EEOC criteria.
  • Candidate’s right to access: If an applicant believes that a conditional offer was terminated on the basis of a criminal conviction, the applicant may request, within 30 days after the adverse action, that the employer providethe applicant within 30 days after the receipt of the request:
  1. A copy of any and all records procured by the employer in consideration of the applicant, including criminal records; and
  2. A notice that advises the applicant of his or her opportunity to file an administrative complaint with the Office of Human Rights.

SEE LAW

West Virginia

Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in West Virginia and no additional adverse action requirements beyond the FCRA as of the latest update.

Wisconsin

Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the State of Wisconsin.

Timing of inquiry: Public sector employers for the state of Wisconsin may only inquire into criminal history after the applicant is certified for the position.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

SEE DETAILS


COUNTY LAWS

DANE COUNTY, WI – PUBLIC SECTOR

MADISON, WI – PUBLIC SECTOR

MILWAUKEE, WI – PUBLIC SECTOR

MILWAUKEE COUNTY, WI – PUBLIC SECTOR

Wyoming

Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in Wyoming and no additional adverse action requirements beyond the FCRA as of the latest update.

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