What Is Ban the Box?
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Ban the Box has been a hot topic of discussion and new legislation has been passed very recently. We know your time is precious and you need to stay abreast of all the latest legislation affecting hiring and background checks. We created this infographic to provide you with quick insight into this issue!
![IN 2012 THERE WERE NEARLY
12.2 MILLION ARRESTS
OR APPROXIMATELY
3,800 ARRESTS PER
100,000 INHABITANTS1
BAN THE BOX
DOES NOT MEAN
> Employers are not able
to conduct a criminal
background check
Employers have to hire
candidates with a
criminal record
BAN THE BOX –
FAIR CHANCE
A delay in inquiring about
one’s criminal record
allows all applicants an
equal start in the hiring
process, including persons
who have maintained a
clean record for a reasonable
length of time.
Ban the Box typically is a legislated
requirement to delay, during the hiring process,
the timing when employers can ask potential
candidates about (and in some cases otherwise
inquire into) their criminal histories. While
state and city laws vary, Ban the Box generally
calls for the elimination of “the box” on
employment applications that asks whether a
candidate has ever been convicted of a crime.
Minneapolis enacted a Ban
the Box ordinance in 2007.
From this, the number of
people with criminal records
who were able to find work
rose from 6% to 60%
without any increase in
workplace theft or violence.3
WHAT IS
BAN THE
BOX?
13
MILLION
6%
60%
3,800
arrests
per 100,000
inhabitants
Sources
[1] FBI Crime in the United States 2012
[2] Office of Federal Contract Compliance Programs (OFCCP)
[3] Southern Coalition for Social Justice
* Effective legislation dates.
Footnotes
[A] This list was provided by Seyfarth Shaw LLP as state and local laws which have been passed as of August 25, 2014
that specifically restrict private employers from asking about criminal history on an employment application. Provided
as non-legal advice and as reference material. Dates and cities subject to change.
Local jurisdictions, excluding
those that apply to city vendors:
Philadelphia, PA
Seattle, WA
Buffalo, NY
San Francisco, CA
Baltimore, MD
Rochester, NY (Nov. 2014)*
States:
Hawaii
Illinois (Jan. 2015)*
Massachusetts
New Jersey (March 2015)*
Rhode Island
Minnesota
Washington, DC (Sept. 2014)*
STATES AND/OR MUNICIPALITIES WITH
CURRENT BAN THE BOX LEGISLATIONA
Rather than have a “bright
line” rule and immediately
eliminate candidates with a
criminal history, the EEOC
recommends employers not
ask about convictions on job
applications, and conduct
individual assessments after
the initial application phase.
ON ANY GIVEN DAY, ABOUT
2.3 MILLION PEOPLE ARE
INCARCERATED AND ALMOST
13 MILLION ARE ADMITTED
TO - AND RELEASED FROM
- LOCAL JAILS.2
HireRight prepared these materials for informational purposes only. These materials are not intended to be comprehensive and are not a substitute for, and should not be construed as, legal advice. HireRight
does not warrant any statements in these materials. Employers should direct to their own experienced legal counsel questions involving their organization’s compliance with or interpretation or application
of laws or regulations and any additional legal requirements that may apply.
Copyright © 2005-2014 HireRight, Inc. All Rights Reserved](https://image.slidesharecdn.com/whatisbanthebox-151221182902/85/what-is-ban-the-box-1-320.jpg)
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What Is Ban the Box?
- 1. IN 2012 THERE WERE NEARLY 12.2 MILLION ARRESTS OR APPROXIMATELY 3,800 ARRESTS PER 100,000 INHABITANTS1 BAN THE BOX DOES NOT MEAN > Employers are not able to conduct a criminal background check Employers have to hire candidates with a criminal record BAN THE BOX – FAIR CHANCE A delay in inquiring about one’s criminal record allows all applicants an equal start in the hiring process, including persons who have maintained a clean record for a reasonable length of time. Ban the Box typically is a legislated requirement to delay, during the hiring process, the timing when employers can ask potential candidates about (and in some cases otherwise inquire into) their criminal histories. While state and city laws vary, Ban the Box generally calls for the elimination of “the box” on employment applications that asks whether a candidate has ever been convicted of a crime. Minneapolis enacted a Ban the Box ordinance in 2007. From this, the number of people with criminal records who were able to find work rose from 6% to 60% without any increase in workplace theft or violence.3 WHAT IS BAN THE BOX? 13 MILLION 6% 60% 3,800 arrests per 100,000 inhabitants Sources [1] FBI Crime in the United States 2012 [2] Office of Federal Contract Compliance Programs (OFCCP) [3] Southern Coalition for Social Justice * Effective legislation dates. Footnotes [A] This list was provided by Seyfarth Shaw LLP as state and local laws which have been passed as of August 25, 2014 that specifically restrict private employers from asking about criminal history on an employment application. Provided as non-legal advice and as reference material. Dates and cities subject to change. Local jurisdictions, excluding those that apply to city vendors: Philadelphia, PA Seattle, WA Buffalo, NY San Francisco, CA Baltimore, MD Rochester, NY (Nov. 2014)* States: Hawaii Illinois (Jan. 2015)* Massachusetts New Jersey (March 2015)* Rhode Island Minnesota Washington, DC (Sept. 2014)* STATES AND/OR MUNICIPALITIES WITH CURRENT BAN THE BOX LEGISLATIONA Rather than have a “bright line” rule and immediately eliminate candidates with a criminal history, the EEOC recommends employers not ask about convictions on job applications, and conduct individual assessments after the initial application phase. ON ANY GIVEN DAY, ABOUT 2.3 MILLION PEOPLE ARE INCARCERATED AND ALMOST 13 MILLION ARE ADMITTED TO - AND RELEASED FROM - LOCAL JAILS.2 HireRight prepared these materials for informational purposes only. These materials are not intended to be comprehensive and are not a substitute for, and should not be construed as, legal advice. HireRight does not warrant any statements in these materials. Employers should direct to their own experienced legal counsel questions involving their organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply. Copyright © 2005-2014 HireRight, Inc. All Rights Reserved