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Ban The Box Update

By: Vanessa Mitchell Tuesday, 8 January 2019

Compliance (13)

Ban The Box is an employment law which many states and jurisdictions have been adopting over recent years. Ban the Box essentially means an employer may not use a criminal conviction history of a potential applicant until a conditional offer of employment has been presented to the applicant. This includes, prohibiting the “box” on a job application which asks whether the applicant has been convicted of a crime. Check out this Ban the Box Blog for more information.

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Important: Reference each legislation text for specific jurisdiction requirements, whether it is for public or private employees, and other stipulations. Following are a list of known jurisdictions that have enacted “Ban the Box” legislation:

Alabama (no statewide ban): Review local regulations for the following jurisdictions: Birmingham.

Arizona Statewide Ban: Executive Order, The Second Chance Order, Effective July 2017. Review local regulations for the following jurisdictions: Glendale, Maricopa, Phoenix, Pima, Tempe, and Tucson.

Arkansas (no statewide ban): Review local regulations for the following jurisdictions: Pulaski County

California Statewide Ban: Assembly Bill No. 1008, Effective January 1, 2018. Review local regulations for the following jurisdictions: Alameda County, Berkeley, Carson, Compton, East Palo Alto, CA, Los Angeles, Oakland, Pasadena, Richmond, Sacramento, San Francisco, and Santa Clara County.

Colorado Statewide Ban: House Bill 12-1263, Effective May 29, 2012.

Connecticut Statewide Ban: Fair Chance Employment Law, Effective January 1, 2007. Review local regulations for the following jurisdictions: Bridgeport, Hartford, New Haven, and Norwich.

Delaware Statewide Ban: House Bill 167, Effective May 2014. Review local regulations for the following jurisdictions: New Castle County, and Wilmington.

Florida (no statewide ban): Review local regulations for the following jurisdictions: Broward County, Clearwater, Daytona, Fort Myers, Gainesville, Jacksonville, Miami-Dade County, Orlando, Pompano Beach, St. Petersburg, Tampa, Tallahassee, and Sarasota.

Georgia Statewide Ban: State of Georgia Executive Order, Effective February 2015. Review local regulations for the following jurisdictions: Albany, Atlanta, Augusta, Cherokee County, Columbus, Fulton County, and Macon-Bibb County.

Hawaii Statewide Ban: Statute 378-2.5, Effective July 1998.

Iowa (no statewide ban): Review local regulations for the following jurisdictions: Johnson County, and Linn County.

Illinois Statewide Ban: House Bill 5701, Effective July 2014. Review local regulations for the following jurisdictions: Chicago and Cook County.

Indiana Statewide Ban: Executive Order 17-15, Effective June 29, 2017. Review local regulations for the following jurisdictions: Indianapolis.

Kansas Statewide Ban: Executive Order 18-12, Effective May 2018. Review local regulations for the following jurisdictions: Johnson County, Kansas City, and Topeka.

Kentucky Statewide Ban: Executive Order 2017-364, Effective June 16, 2017. Review local regulations for the following jurisdictions: Louisville.

Louisiana Statewide Ban: House Bill 266, Act No. 398, Effective August 1, 2016. Review local regulations for the following jurisdictions: Baton Rouge, and New Orleans.

Maryland Statewide Ban: Senate Bill 4 Chapter 160, Effective October 1, 2013. Review local regulations for the following jurisdictions: Baltimore, Montgomery County, and Prince George’s County.

Massachusetts Statewide Ban: Ban the Box Legislation , Effective November 4, 2010. Review local regulations for the following jurisdictions: Boston, Cambridge, and Worcester.

Michigan Statewide Ban: Executive Directive 2018-4, October 1, 2018. Review local regulations for the following jurisdictions: Ann Arbor, Detroit, East Lansing, Genesee County, Kalamazoo, and Muskegon County.

Minnesota Statewide Ban: SF 523, Effective January 1, 2014. Review local regulations for the following jurisdictions: Minneapolis, and St. Paul.

Missouri Statewide Ban: Executive Order 16-04, Effective April 2016. Review local regulations for the following jurisdictions: Columbia, Jackson County, Kansas City, and St. Louis.

Nebraska Statewide Ban: Legislative Bill 907, Effective July 18, 2014.

Nevada Statewide Ban: Assembly Bill 384, Effective January 1, 2018. Review local regulations for the following jurisdictions: North Las Vegas.

New Jersey Statewide Ban: Opportunity to Compete Act, Effective March 1, 2015. Review local regulations for the following jurisdictions: Atlantic City, and Newark.

New Mexico Statewide Ban: Senate Bill 254, Effective May 19, 2010.

New York Statewide Ban: Fair Chance Act, effective June 29, 2015. Review local regulations for the following jurisdictions: Albany County, Buffalo, Dutchess County, Ithaca, Kingston, Newburgh, New York, Rochester, Syracuse, Tompkins County, Ulster County, Westchester County, Woodstock, Yonkers.

North Carolina (no statewide ban): Review local regulations for the following jurisdictions: Asheville, Buncombe County, Carrboro, Charlotte, Cumberland County, Durham City, Durham County, Forsyth County, Mecklenburg County, New Hanover County, Spring Lake, Wake County, Wilmington, Winston-Salem.

Ohio Statewide Ban: House Bill 56, Effective March 23, 2016. Review local regulations for the following jurisdictions: Alliance, Akron, Canton, Cincinnati, Cleveland, Cuyahoga County, Dayton, Franklin County, Hamilton County, Lucas County, Massillon, Newark, Stark County, Summit County, Warren, and Youngstown.

Oklahoma Statewide Ban: Executive Order 2016-03, Effective February 24, 2016.

Oregon Statewide Ban: Oregon House Bill 3025, Effective June 25, 2015. Review local regulations for the following jurisdictions: Multnomah County, and Portland.

Pennsylvania Statewide Ban: Administrative Policy HR-TM001, Effective May 15, 2017. Review local regulations for the following jurisdictions: Allegheny County, Allentown, Beaver County, Bethlehem, Lancaster, Northampton County, Philadelphia, Pittsburgh, Reading, and York.

Rhode Island Statewide Ban: House Bill 5507, Effective July 15, 2013. Review local regulations for the following jurisdictions: Providence.

South Carolina (no statewide ban): Review local regulations for the following jurisdictions: York County.

Tennessee Statewide Ban: Senate Bill 2440, Effective April 26, 2016. Review local regulations for the following jurisdictions: Chattanooga, Hamilton County, Memphis, and Nashville.

Texas (no statewide ban): Review local regulations for the following jurisdictions: Austin, Dallas, San Antonio, and Travis County.

Utah Statewide Ban: House Bill 156, Effective May 8, 2017.

Vermont Statewide Ban: House Bill 261 (Act 81), Effective July 1, 2017.

Virginia Statewide Ban: Executive Order 41, Effective April 3, 2015. Review local regulations for the following jurisdictions: Alexandria, Arlington County, Blacksburg, Charlottesville, Danville, Fairfax, Fredericksburg, Harrisonburg, Henry County, Montgomery County, Newport News, Norfolk, Petersburg, Portsmouth, Prince Willian County, Richmond, Roanoke, Staunton, and Virginia Beach.

Washington Statewide Ban: House Bill 1298, Effective June 7, 2018. Review local regulations for the following jurisdictions: Pierce County, Seattle, Spokane, and Spokane County.

Wisconsin Statewide Ban: Assembly Bill 373, Effective July 1, 2016. Review local regulations for the following jurisdictions: Dane County, Madison, Milwaukee, and Milwaukee County.

As part of any good hiring strategy, partner with a background screening provider you can trust, stay informed, and don’t forget to consult legal counsel. Please note: this blog is not all-encompassing and not meant to provide legal advice.

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Topics: Conviction Records, FCRA, Pre-employment Screening, Industry Resources, Criminal Background Checks, Compliance, Ban-The-Box, HR, Best Practices, Background Screening

Vanessa Mitchell

Vanessa Mitchell

Passionate blogger dedicated to making your life easier when it comes to background screening.