Ban the Box Laws

‘Ban the Box’ Laws Gaining Traction Nationwide

Around the country, one question on employment applications is getting a second look by advocates and lawmakers: the question and checkbox regarding an applicant’s criminal history.

“Ban the Box” laws that remove the criminal history question from initial job applications have gained traction around the country, delaying the background check until later in the hiring process. Some believe this may allow otherwise strong applicants who have some record of criminal history to get their foot in the door, since it’s widely believed many employers will not fully read or consider an application that includes a criminal history, no matter the mitigating circumstances. These laws can give applicants a better shot at being individually considered for a position.

Though Alabama has yet to pass a “Ban the Box” law, 13 states have passed statewide bans, and similar legislation has passed in cities and counties in 25 states. Most of these laws apply only to public employers, but many jurisdictions at state and local levels have laws pending to extend to private employers.

The Equal Employment Opportunity Commission (EEOC) recommends as best practice that employers remove criminal history questions from job applications. Questions about an applicant’s criminal history may be better suited for after an in-person interview, or after a contingent offer. Employers should also be prepared to demonstrate that any criminal records restrictions that work against an applicant are directly related to the position to be filled.

Though our state currently does not operate under a ‘Ban the Box’ law, it’s important for employers and applicants to prepare for the possibility as the legislation becomes more widespread.