BAN THE BOX LAWS also known as Fair Chance Legislation

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2 GETTING TO KNOW YOU Questioning an applicant s past has long been an acceptable standard. The type of information routinely collected: Personal Information Education Previous Employment References Criminal History

3 THE MISUSE OF INFORMATION Companies began to make hiring decisions/company policies that some experts believe were in conflict with US laws. Common complaints included: Broad/General Conviction Policies Green Factor Violations These actions resulted in conditions that some courts concluded could violate provisions of the Title VII of the Civil Rights Act of 1964.

4 WHAT IS BAN THE BOX Ban the Box and typically refers to the removal of the inquiry about an applicant s prior convictions (often with a yes/no check box). Have you ever been convicted of criminal offense? NOTE: The actual laws can be more complex and often encompass more than just banning-the-box on an application.

5 THE VARIETY AND VERACITY OF BAN THE BOX Practically every state and/or local jurisdiction with ban-the-box laws have a unique hybrid version. They can vary greatly with regards to who and what is covered. Some of the more common themes include: Banning questions about convictions from applications. Limiting the timing/scope of criminal background checks. Prohibiting a criminal background checks to post-offer. Additional requirements/responsibilities with regard to the assessment of risk.

6 THE EVOLUTION OF BAN THE BOX Beginning with Hawaii in 1998, more and more states and local jurisdictions have passed laws designed to ensure fairer decision making processes. Currently, at least 24 states, the District of Columbia and more than 150 cities and counties have enacted these laws. This now means that more than 204 million people in the US or more than half of the US population lives in an area protected by some type of ban-the-box or fair-chance legislation.

7 THE FUTURE OF BAN THE BOX In recent years the momentum of ban-the-box laws has increased exponentially. On the national level, federal agencies have been directed to delay inquiries into job applicant s records until later in the hiring process. Many experts predict that ban-the-box will eventually become federal legislation. Due to the similarities in the protections of Title VII of the Civil Rights Act of 1964, the Fair Housing Act of 1968, and the Equal Educational Opportunities Act of ban-the-box laws are expected to expand into these other areas of everyday life.

8 Are there any exemptions to BAN THE BOX As with most laws, there may be exemptions. Some of these laws may be limited to public or private employees, some may only apply to companies that have a certain number of employees. Others may exempt certain types of license holders. Eventually court cases and lawsuit settlements may determine additional exemptions. Know and understand the full extent of the exemption and the limits.

9 CURRENT BEST PRACTICES STAY INFORMED Your IntelliCorp account has useful information on states and local jurisdictions with current ban-the-box laws. This information is updated quarterly. Check national organizations such as NELP (National Employment Law Project) Know the laws in your area. When in doubt, check with your local/state EEOC office or equivalent or an employment law attorney in your area who specializes in this type of law.

10 Know Your Responsibilities To Minimize Risk To Your Company Or Organization This training material is the property of IntelliCorp and may not be copied or reproduced without the written consent of IntelliCorp. It is intended solely for use by IntelliCorp personnel for the benefit of IntelliCorp customers. Unauthorized access to or use of this material is strictly prohibited IntelliCorp. All rights reserved.