Trends In the “Ban the Box” Movement: Recent Developments In City Ordinances

Seyfarth Synopsis: As cities across the nation adopt “ban the box” legislation that regulates private employers’ ability to inquire into applicants’ and employees’ criminal histories, employers face a nuanced gauntlet of compliance issues. This post briefly reviews recent developments in New York City, Philadelphia, Austin, and San Francisco.

 

The Movement For “Ban the Box” Legislation

 

Since 2000, we have seen a growing movement to adopt so-called “ban the box” legislation, which is shorthand for laws requiring that employers remove from their employment applications checkboxes or questions that ask if an applicant has a criminal record. In 2012, the Equal Employment Opportunity Commission endorsed removing checkboxes or questions regarding criminal convictions from job applications through its Criminal History Guidance.  The President of the United States also endorsed the “ban the box” movement and directed federal agencies to delay inquiries into criminal records.

 

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