Ban the Box Laws

No criminal background check until after a job offer

California AB 1171 Effective 01/01/2022
Criminal Background Checks ALL EMPLOYERS
Requires the reporting of any felony convictions and exempts only misdemeanor convictions from the requirement that certain employers notify parents or guardians that an employee with specified convictions will have supervision over a child.

All private employers with at least 15 employees, including the City of Waterloo, are subject to the Ban the Box Ordinance (the “Ordinance”), which is scheduled to take effect on July 1, 2020. Covered employers may not inquire in any manner about an applicant’s criminal records prior to issuing a conditional offer of employment, unless criminal history is voluntarily disclosed by the applicant before an offer. Employers also are prohibited from making any employment decision based on:

• arrests or pending criminal charges; and
• convictions that have been erased, expunged, pardoned or nullified.

In addition, an employer may only rescind a conditional offer of employment based on a criminal record if it has a legitimate business reason, which means, according to the Ordinance:

• Situations where the nature of the criminal conduct has a direct and substantial bearing on the fitness or ability to perform the duties or responsibilities of the position, taking into consideration the following factors: the nature of the position, the place and manner in which the duties will be performed, the nature and seriousness of the offense or conduct, whether the position presents an opportunity for the commission of a similar offense or conduct, the length of time between the conviction or arrest and the employment application (not including time on probation or parole or the time during which fines or other financial penalties or remedies may be outstanding), the number and types of convictions or pending charges, and any verifiable information provided by the applicant that is related to the applicant’s rehabilitation or good conduct.
• Situations where the granting of employment would involve unreasonable risk of substantial harm to property or to safety of individuals or the public, or to business reputation or business assets, taking into consideration the factors listed above.
• Positions working with children, developmentally disabled persons and vulnerable adults where the applicant has a conviction record of a crime against children or disabled or vulnerable adults, including but not limited to crimes of rape, sexual abuse, incest, prostitution, pimping, pandering, assault, domestic violence, kidnapping, financial exploitation, neglect, abandonment, and child endangerment.
• Situations where an employer must comply with any federal or state law or regulation pertaining to background checks and the criminal conduct is relevant to the applicant’s fitness for the job.

Employer Outlook

Covered employers located in Waterloo, Iowa, and particularly multi-state employers, should ensure that their employment practices will comply with the Ordinance by July 1, 2020.

https://www.seyfarth.com/news-insights/update-waterloo-iowa-enacts-ban-the-box-restrictions.html

St Louis

All employers in the city limits

JANUARY 2021 – prohibits employers within the city from basing promotions or hiring decisions on an individual’s criminal history or a related sentence.

Syracuse

City contractors

No background checks until after conditional job offer.

No state law for private sector employers

(Administrative policy applies to city)

• Banned the box

On February 28, 2014 Charlotte City Manager Ron Carlee announced that the City had “banned the box” for City applications. The Charlotte Human Resources director said she expected the number of applications for city jobs to increase as a result of the decision.

Charlotte Resource

Charlotte Human Resources Pre-Employment Background Check Policy

Charlotte Contact

Daryl V. Atkinson, Staff Attorney
Southern Coalition for Social Justice
daryl@scsj.org

Carrboro, NC

(Applies to town)

• Banned the box
• Incorporates EEOC criteria in individualized assessment

On October 16, 2012, the Carrboro Board of Alderman voted unanimously to ban the box on Town of Carrboro job applications. The Orange County Partnership to End Homelessness initially proposed the measure.

Carrboro Resources

Employment application

Human Resources Memo (Oct. 16, 2012)

Durham County, NC

(Administrative policy applies to county)

• Banned the box
• Background check only after applicant selected for hire
• Incorporates EEOC criteria in individualized assessment
• Right to appeal denial of employment
• Provides copy of background check report

Effective October 1, 2012, the County does not inquire into an applicant’s criminal history on an initial employment application form, unless explicitly mandated by law. That threshold for inquiry is after an applicant’s credentials have been reviewed, it has been determined that the applicant is otherwise qualified for a position, and the applicant has been recommended for hire by the department where the vacancy exists. Records of criminal arrests, dismissals, or convictions which have been expunged may not be used. The policy explicitly incorporates language from the 2012 updated EEOC guidance-for example, applicants are provided opportunity for an individualized assessment.

Durham County Resource

Administrative Procedure (effective Oct. 1, 2012)

Durham County Contact

Daryl V. Atkinson, Staff Attorney
Southern Coalition for Social Justice
daryl@scsj.org

Durham, NC

(Administrative hiring policy applies to city)

• Banned the box
• Background check only after conditional offer

In February 2011, the City of Durham removed questions about criminal history from all employment applications. Potential employees who have been given a conditional offer of employment are subject to a background check as are volunteers. Background investigations are conducted on applicants for public safety positions, financially sensitive positions, and positions in direct contact with minors before applicants are placed in finalist status.

Durham Resources

City Application
Human Resource Management Memo (April 18, 2011)

Durham Contact

Daryl V. Atkinson, Staff Attorney
Southern Coalition for Social Justice
daryl@scsj.org

Spring Lake

(Administrative hiring policy applies to town)

• Banned the box
• Incorporates EEOC criteria in individualized assessment

Effective June 25, 2012, the Town of Spring Lake adopted a comprehensive statement of policy regarding criminal background checks for positions with the Town. According to the policy, an applicant’s conviction will be reviewed on a case-by-case basis. The policy offers one of the most comprehensive lists of factors to determine whether there is a “substantial relationship between the conviction and the position” and whether the applicant should be excluded.

Spring Lake Resources

Application
Administrative Policies and Procedures (July 16, 2012)

Spring Lake Contact

Daryl V. Atkinson, Staff Attorney
Southern Coalition for Social Justice
daryl@scsj.org

Cumberland County (Fayetteville, NC Area)

(Applies to county)

• Banned the box

On September 6, 2011, the Cumberland County Commissioners unanimously voted to ban the box and implement a new pre-employment background check policy.

Cumberland County Contact

Julean Self
Assistant Human Resources Director
jself@co.cumberland.nc.us