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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