Some History:
Ban the Box is the name of an international campaign by civil rights groups and advocates for ex-offenders, aimed at encouraging employers to remove from their hiring applications the check box that asks if applicants have a criminal record. Its purpose is to enable ex-offenders to display their qualifications in the hiring process before being asked about their criminal records. The premise of the campaign is that anything that makes it harder for ex-offenders to find a job makes it likelier that they will re-offend, which is bad for society. The campaign began in Hawaii in the late 1990s, and has gained strength in other U.S. states following the 2007–2009 recession. As of July 2015, 52 U.S. municipalities and more than 18 states had in place legislation that "banned the box" for government job applications and also in some cases those of their private contractors. This is a start for those convicted of a crime, to get “their foot in the door” without being turned away initially, due to their criminal records. Here is a list of States, Counties, and Cities that have Ban-The-Box ordinances has been passed.
Ban-the-Box Law States
List of All Ban the Box Laws and Policies by State
ALABAMA
BIRMINGHAM, AL (ADMINISTRATIVE DECISION APPLIES TO CITY)
ARIZONA
GLENDALE, AZ (ADMINISTRATIVE DECISION APPLIES TO CITY)
PHOENIX, AZ (ADMINISTRATIVE REGULATION APPLIES TO CITY)
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Background check only for finalists for positions
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Incorporates EEOC criteria in individualized assessment
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Right to appeal prior to adverse determination
PIMA COUNTY (TUSCON, AZ AREA; RESOLUTION APPLIES TO COUNTY)
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On November 10, 2015, the Pima County Board of Supervisors passed a resolution that removes the inquiry about an applicant’s criminal record from the application for County employment. The County will still conduct background checks later in the hiring process, and the resolution will not apply to certain professions.
TUCSON, AZ (RESOLUTION APPLIES TO CITY)
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Background checks only required for some positions
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Background checks after conditional offer of employment
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Incorporates EEOC criteria in individual assessment
CALIFORNIA (State Law)
CALIFORNIA ASSEMBLY BILL 218 (2013) (APPLIES TO PUBLIC EMPLOYMENT) Signed on October 10, 2013 by Governor Edmond “Jerry” Brown (D).
ALAMEDA COUNTY (OAKLAND & BERKELEY, CA AREA; RESOLUTION APPLIES TO COUNTY)
BERKELEY, CA (HUMAN RESOURCE DEPARTMENT HIRING POLICY APPLIES TO CITY)
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Background check only after conditional offer of employment
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Background checks only required for some positions
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Incorporates EEOC criteria in individual assessment
CARSON, CA (RESOLUTION APPLIES TO CITY)
COMPTON, CA (RESOLUTION AND HIRING POLICY APPLIES TO CITY AND CONTRACTORS)
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Background check only after conditional offer
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Policies applies to contractors doing business with City
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Incorporates EEOC criteria in individualized assessment
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EAST PALO ALTO, CA
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OAKLAND, CA
OAKLAND, CA (CITY ADMINISTRATOR HIRING POLICY APPLIES TO CITY)
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Background check only after conditional offer of employment
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Background checks only required for some positions
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Incorporates EEOC criteria in individualized assessment
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Right to appeal denial of employment
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Provides copy of background check report
PASADENA, CA (ADMINISTRATIVE POLICY APPLIES TO CITY)
RICHMOND, CA (RESOLUTION APPLIES TO CITY AND VENDORS)
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Background checks only required for some positions
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Policy applies to vendors/contractors doing business with the City
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Incorporates EEOC criteria in individualized assessment
SAN FRANCISCO, CA (BOARD OF SUPERVISORS RESOLUTION APPLIES TO CITY AND COUNTY (2005)
SANTA CLARA COUNTY (SAN JOSE, CA AREA; APPLIES TO COUNTY)
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On May 1, 2012, the County adopted a procedure to remove the question on the job application that requires candidates to disclose criminal conviction histories.
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Once candidates have been tentatively selected, Human Resources will evaluate the conviction history.
COLORADO (State Law)
COLORADO HOUSE BILL 1263 (2012) (APPLIES TO STATE EMPLOYMENT AND LICENSING) Signed on May 29, 2012 by Governor John Hickenlooper (D).
CONNECTICUT (State Law)
CONNECTICUT HOUSE BILL 5237 (2016) (APPLIES TO PUBLIC AND PRIVATE EMPLOYMENT) Signed on June 1, 2016 by Governor Dannel P. Malloy (D).
BRIDGEPORT, CT (CIVIL SERVICE RULES APPLY TO CITY)
HARTFORD, CONNECTICUT (ORDINANCE APPLIES TO PUBLIC AND VENDORS)
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Background checks only for some positions
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Notice of denial (N); Right to Appeal if application gets denied
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Background check only after conditional offer or finalists selected
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Incorporates EEOC criteria in individualized assessment
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NEW HAVEN, CT
NEW HAVEN, CT (ORDINANCE APPLIES TO CITY AND VENDORS)
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Background check only after conditional offer of employment
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Policies applies to vendors/contractors doing business with the City
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Incorporates EEOC criteria in individualized assessment
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Right to appeal denial of employment
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Provides copy of background check report Background check only after conditional offer or finalists selected
DELAWARE (State Law)
DELAWARE HOUSE BILL 167 (2014) (APPLIES TO PUBLIC EMPLOYMENT) Signed on May 8, 2014, HB 167.
NEW CASTLE COUNTY (WILMINGTON, DE AREA; ADMINISTRATIVE POLICY APPLIES TO COUNTY)
WILMINGTON, DE (MAYORAL EXECUTIVE ORDER AND CITY COUNCIL RESOLUTION APPLY TO CITY)
DISTRICT OF COLUMBIA (WASHINGTON D.C.) (Law)
DISTRICT OF COLUMBIA (WASHINGTON D.C.) (ORDINANCE APPLIES TO DISTRICT AND PRIVATE EMPLOYERS)
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Background check only after conditional offer of employment
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Incorporates EEOC criteria in individualized assessment
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Policies apply to public and private employers in the District
FLORIDA
CLEARWATER, FL (ADMINISTRATIVE POLICY APPLIES TO CITY)
DAYTONA BEACH, FL (POLICY APPLIES TO CITY)
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On June 1, 2015, the City announced in a press conference that it would enact a banthe-box policy, effective on July 1st. A job applicant with the city will not disclose conviction information until the City has expressed a “desire to hire the individual.”
FORT MYERS, FL (RESOLUTION APPLIES TO CITY)
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On December 7, 2015, the Fort Myers City Council passed a resolution to remove questions about felony convictions from city job applications. The City will still perform background checks on applicants, and police and fire department applications are exempt from the resolution.
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GAINESVILLE, FL
GAINESVILLE, FL (APPLIES TO CITY)
JACKSONVILLE, FL (ORDINANCE APPLIES TO CITY)
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Background check only after applicant selected for hire
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Incorporates EEOC criteria in individualized assessment
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Right to appeal denial of employment
MIAMI-DADE COUNTY (MIAMI, FL AREA; APPLIES TO COUNTY)
ORLANDO, FL (POLICY APPLIES TO CITY)
POMPANO BEACH, FL (ADMINISTRATIVE POLICY APPLIES TO CITY)
ST. PETERSBURG, FL (ADMINISTRATIVE POLICY APPLIES TO CITY)
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On October 21, 2014, St. Petersburg Mayor Rick Kriseman announced his “City of Opportunity” initiatives related to fair hiring practices. Effective January 1, 2015, the city will remove the question asking city job applicants if they have a criminal record.
TAMPA, FL (ORDINANCE APPLIES TO CITY)
TALLAHASSEE, FL (ADMINISTRATIVE POLICY APPLIES TO CITY)
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Based on the City Manager’s recommendation, on January 28, 2015 the City Commission approved a measure to remove any questions regarding criminal history from applications for employment with the City. The City will conduct a background check after selecting the top candidate(s). The measure supplements the existing policy requiring the City to consider how the conviction relates to the job. Arrests are not considered.
GEORGIA (State Policy)
GEORGIA EXECUTIVE ORDER (2015) (APPLIES TO STATE EMPLOYMENT) Governor Nathan Deal (R) signed an executive order on February 23, 2015.
ALBANY, GA (RESOLUTION APPLIES TO CITY)
ATLANTA, GA (ORDINANCE APPLIES TO CITY)
CHEROKEE COUNTY, GA (RESOLUTION APPLIES TO COUNTY)
COLUMBUS, GA (ORDINANCE APPLIES TO CITY)
FULTON COUNTY (ATLANTA, GA AREA; ADMINISTRATIVE POLICY APPLIES TO COUNTY)
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Background checks only required for some positions
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Incorporates EEOC criteria in individualized assessment
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Provides copy of background check report
MACON-BIBB COUNTY, GA (ORDINANCE APPLIES TO COUNTY)
HAWAII (State Law)
HAWAII HOUSE BILL 3528 (1998) (APPLIES TO PUBLIC AND PRIVATE EMPLOYMENT) In 1998, Hawaii became the first state to adopt a fair-chance law as applied to both public and private employment.
ILLINOIS (State Law)
ILLINOIS HOUSE BILL 5701 (2014) (APPLIES TO PRIVATE EMPLOYERS) Introduced on February 14, 2014.
CHICAGO, IL (MAYOR’S INITIATIVE; ORDINANCE APPLIES TO PRIVATE EMPLOYERS)
INDIANA
INDIANAPOLIS, IN (ORDINANCE APPLIES TO CITY, COUNTY, LICENSING, AND VENDORS)
KANSAS
KANSAS CITY AND WYANDOTTE COUNTY, KANSAS (“KCK”) (ORDINANCE APPLIES TO CITY)
TOPEKA, KS (ADMINISTRATIVE DECISION APPLIES TO CITY)
WICHITA, KS (POLICY APPLIES TO CITY)
KENTUCKY
LOUISVILLE, KY (ORDINANCE APPLIES TO CITY AND VENDORS)
LOUISIANA (State Law)
LOUISIANA HOUSE BILL 266 (2016) (APPLIES TO SOME STATE EMPLOYMENT) Signed on June 8, 2016 by Governor John Bel Edwards (D).
BATON ROUGE, LA (RESOLUTION APPLIES TO CITY)
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On November 10, 2015, the East Baton Rouge Parish Metro Council eliminated questions regarding criminal history from the application for employment with the City. The resolution does not apply to certain positions.
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NEW ORLEANS, LA
NEW ORLEANS, LA (ADMINISTRATIVE POLICY APPLIES TO CITY)
MARYLAND (State Law)
MARYLAND SENATE BILL 4 (2013) (APPLIES TO STATE EMPLOYMENT) Signed on May 2, 2013 by Governor Martin O’Malley (D).
BALTIMORE, MD (HIRING POLICY APPLIES TO CITY, ORDINANCE APPLIES TO PUBLIC AND PRIVATE EMPLOYERS)
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Background check only after conditional offer of employment
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Background checks only required for some positions
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Ordinance applies to public and private employers
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MONTGOMERY COUNTY, MD
MONTGOMERY COUNTY, MD (WASHINGTON D.C. METRO AREA; ORDINANCE APPLIES TO PRIVATE EMPLOYERS AND COUNTY)
PRINCE GEORGE’S COUNTY, MD (WASHINGTON D.C. METRO AREA; ORDINANCE APPLIES TO PRIVATE EMPLOYERS AND COUNTY)
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Applies to private employers and county
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Incorporates EEOC criteria in an individualized assessment
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Provides copy of background check report
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Complaint process
MASSACHUSETS (State Law)
MASSACHUSETTS SENATE BILL 2583 (2010) (APPLIES TO PUBLIC AND PRIVATE EMPLOYMENT) Governor Deval Patrick (D) signed Chapter 256 of the Acts of 2010 on August 6, 2010.
BOSTON, MA (ORDINANCE APPLIES TO CITY AND VENDORS)
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Background checks only required for some positions
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Policies applies to vendors/contractors doing business with the City
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Incorporates EEOC criteria in individualized assessment
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Right to appeal denial of employment
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CAMBRIDGE, MA
CAMBRIDGE, MA (ORDINANCE APPLIES TO CITY AND VENDORS)
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Background checks only required for some positions
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Policies applies to vendors/contractors doing business with the City
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Incorporates EEOC criteria in individualized assessment
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Right to appeal prior to adverse determination
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Provides copy of background check report
WORCESTER, MA (ORDINANCE APPLIES TO CITY AND VENDORS)
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Background checks only required for some positions
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Policies applies to vendors/contractors doing business with the City
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Incorporates EEOC criteria in individualized assessment
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Right to appeal denial of employment
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Provides copy of background check report upon request
MICHIGAN
ANN ARBOR, MI (RESOLUTION APPLIES TO CITY)
DETROIT, MI (ORDINANCE APPLIES TO CITY AND VENDORS)
EAST LANSING, MI (RESOLUTION APPLIES TO CITY)
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Passed unanimously by the City Council on April 15, 2014, East Lansing’s ban the box policy was introduced by Mayor Nathan Triplett. During discussion, Mayor Triplett noted his support of the policy was motivated by the need to “remove unnecessary bias from the pre-screening stage of the [hiring] process” and to make East Lansing a model employer in the state.
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GENESEE COUNTY, MI
GENESEE COUNTY (FLINT, MI AREA; RESOLUTION APPLIES TO COUNTY)
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KALAMAZOO, MI
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MUSKEGON COUNTY, MI
MUSKEGON COUNTY (NORTHWEST OF GRAND RAPIDS, MI AREA; APPLIES TO COUNTY)
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Recognizing the need to prioritize employment opportunities for successful reentry, the Muskegon County Board of Commissioners voted to remove inquiry into criminal history from the written application for all opportunities unless required by local, state, or federal law.
MINNESOTA (State Law)
MINNESOTA SENATE BILL 523 (2009, 2013) (APPLIES TO PUBLIC AND PRIVATE EMPLOYMENT) Signed on May 13, 2013 by Governor Mark Dayton (D).
ST. PAUL, MN (MAYOR’S DIRECTIVE AND CITY COUNCIL RESOLUTION APPLY TO CITY)
MISSOURI (State Policy)
MISSOURI EXECUTIVE ORDER 16-04 (2016) (APPLIES TO PUBLIC EMPLOYMENT) Missouri Governor Jay Nixon (D) signed Executive Order 16-04 on April 11, 2016.
COLUMBIA, MO (ORDINANCE APPLIES TO PRIVATE EMPLOYERS AND CITY)
KANSAS CITY, MO (ORDINANCE APPLIES TO CITY)
ST. LOUIS, MO (ADMINISTRATIVE POLICY APPLIES TO CITY)
NEBRASKA (State Law)
NEBRASKA LEGISLATIVE BILL 907 (2014) (APPLIES TO PUBLIC EMPLOYMENT) Originally introduced in January 2014 as LB 932.
NEW JERSEY (State Law)
NEW JERSEY ASSEMBLY HOUSE BILL 1999 AND SENATE BILL 1484 (2014) (APPLIES TO PUBLIC AND PRIVATE EMPLOYMENT) Initial versions were introduced in 2013, but were reintroduced in 2014 as A1999 and S1484.
ATLANTIC CITY, NJ (ORDINANCE APPLIES TO CITY AND VENDORS)
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Background check only after conditional offer
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Policies applies to vendors/contractors doing business with the City
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Incorporates EEOC criteria in individualized assessment
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Right to appeal denial of employment
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NEWARK, NJ
NEWARK, NJ (ORDINANCE APPLIES TO CITY, PRIVATE EMPLOYERS, LICENSING, AND HOUSING)
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Background check only after conditional offer
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Background checks only required for some positions
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Applies to private employers, licensing, and housing
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Incorporates EEOC criteria in individualized assessment
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Right to appeal denial of employment
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Provides copy of background check report
NEW MEXICO (State Law)
NEW MEXICO SENATE BILL 254 (2010) (APPLIES TO PUBLIC EMPLOYMENT) On March 8, 2010, Governor Bill Richardson (D) signed this measure into law adding N.M. Stat. § 28-2-3 to the existing “Criminal Offender Employment Act” (1974).
NEW YORK (State Policy)
NEW YORK (2015) (APPLIES TO STATE EMPLOYMENT) On September 21, 2015, Governor Andrew Cuomo announced that the state would “adopt ‘fair chance hiring’ for New York State agencies.”
BUFFALO, NY (ORDINANCE APPLIES TO CITY, VENDORS, AND PRIVATE EMPLOYERS)
DUTCHESS COUNTY, NY (ADMINISTRATIE POLICY APPLIES TO COUNTY)
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Effective February 1, 2016, questions regarding criminal convictions, dishonorable military discharges, and firings from previous jobs will be removed from all Dutchess County exams, recruitments and employment applications.
ITHACA, NY (ADMINISTRATIVE POLICY APPILES TO CITY)
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On December 23, 2015, the City of Ithaca announced that it will be implementing a ban the box policy for public employers. Ithaca’s Director of Human Resources stated to the media, “[T]his community cannot afford to pass up talented, capable people in search of a second chance. At the very least, banning the box may eliminate unconscious bias or the perception of it. We are excited to model, through this initiative, what the city believes and practices.”
KINGSTON, NY (RESOLUTION APPLIES TO CITY)
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In September, 2015, the Kingston City Council passed a resolution to remove questions related to criminal convictions and charges from City employment applications. City employers can still ask questions regarding criminal records during job interviews and conduct background checks on applicants.
NEWBURGH, NY (RESOLUTION APPLIES TO CITY)
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The Newburgh City Council unanimously approved a resolution removing a question about convictions from city applications on August 10, 2015, with exceptions. The city can still ask applicants about their conviction history during the interview and will conduct background checks thereafter.
NEW YORK CITY, NY (APPLIES TO CITY, PRIVATE EMPLOYERS, AND LICENSING)
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Background check only after conditional offer.
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Policy applies to public and private employers in New York City that have more than four employees
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Incorporates EEOC criteria in individualized assessment
ROCHESTER, NY (ORDINANCE APPLIES TO CITY, VENDORS, AND PRIVATE EMPLOYERS)
SYRACUSE, NY (ORDINANCE APPLIES TO CITY, LICENSURE, AND CONTRACTORS)
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Applies to city employment and licensure; and applies to city contractors
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Background checks after conditional offer of employment
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Incorporates EEOC criteria in an individualized assessment
ULSTER COUNTY, NY (KINGSTON, NY AREA; EXECUTIVE ORDER APPLIES TO COUNTY)
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On December 16, 2014, the county executive signed the executive order to remove the conviction history question from the county’s job application. Instead, the personnel department will consider convictions only after the first interview. In the press release, the county executive commented that “if we are serious about fighting discrimination and bias, it is simply the right thing to do.” The order is effective on January 1, 2015.
WOODSTOCK, NY (ADMINISTRATIVE POLICY APPLIES TO CITY)
YONKERS, NY (ADMINISTRATIVE POLICY APPLIES TO CITY)
NORTH CAROLINA
ASHEVILLE, NC (RESOLUTION APPLIES TO CITY)
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The Asheville City Council passed a resolution on January 26, 2016 expressing its commitment to the Ban the Box movement and its support for the City amending its employment application so as not to require disclosure of an applicant’s criminal record during the initial job application process, except for certain sensitive positions.
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CARRBORO, NC
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CHARLOTTE, NC
CHARLOTTE, NC (ADMINISTRATIVE POLICY APPLIES TO CITY)
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On February 28, 2014, Charlotte City Manager Ron Carlee announced that the City had “banned the box” for City applications. The Charlotte Human Resources director said she expected the number of applications for city jobs to increase as a result of the decision.
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CUMBERLAND COUNTY, NC
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DURHAM CITY, NC
DURHAM, NC (ADMINISTRATIVE POLICY APPLIES TO CITY)
DURHAM COUNTY (DURHAM, NC AREA; ADMINISTRATIVE POLICY APPLIES TO COUNTY)
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Background check only after applicant selected for hire
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Incorporates EEOC criteria in individualized assessment
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Right to appeal denial of employment
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Provides copy of background check report
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SPRING LAKE, NC
SPRING LAKE, NC (ADMINISTRATIVE POLICY APPLIES TO TOWN)
WAKE COUNTY, NC (ORDINANCE APPLIES TO COUNTY)
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Background check only for finalists for positions
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Incorporates EEOC criteria in individualized assessment
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Provides copy of background check report
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Right to appeal denial of employment
OHIO (State Law)
OHIO ADMINISTRATIVE POLICY HR-29 AND HOUSE BILL 56 (2015) (APPLIES TO PUBLIC EMPLOYMENT) As of June 1, 2015, the Ohio Department of Administrative Services removed questions about conviction and arrest history from the initial application for state employment per HR-29.
ALLIANCE, OH (POLICY APPLIES TO CITY)
AKRON, OH (ADMINISTRATIVE POLICY APPLIES TO CITY)
CANTON, OH (CIVIL SERVICE COMMISSION RULES APPLIES TO CITY)
CINCINNATI, OH (CITY COUNCIL MOTION APPLIES TO CITY)
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Incorporates EEOC criteria in individualized assessment
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Background check only after conditional offer of employment
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Right to appeal denial of employment
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Provides copy of background check report
CLEVELAND, OH POLICY (ADMINISTRATIVE POLICY APPLIES TO CITY)
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On September 26, 2011, the City of Cleveland announced its ban the box policy.
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Developed in collaboration with the Ohio Justice& Policy Center, the policy removes the checkbox on city job and civil service testing applications that asks whether the applicant has a felony conviction.
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Background checks will now be performed only on finalists for a position
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CUYAHOGA COUNTY, OH
CUYAHOGA COUNTY, OH (CLEVELAND, OH AREA; ORDINANCE APPLIES TO COUNTY)
DAYTON, OH (APPLIES TO CITY)
FRANKLIN COUNTY, OHIO (APPLIES TO COUNTY)
HAMILTON COUNTY, OH (CINCINNATI AREA; APPLIES TO COUNTY)
LUCAS COUNTY, OH (TOLEDO AREA, POLICY APPLIES TO COUNTY)
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On October 29, 2013, Lucas County Commissioners voted unanimously to remove all questions about an applicant’s criminal background from applications for employment with any department under the Commissioners’ authority. The county only conducts a background check after an applicant is selected as a finalist.
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MASSILLON, OH
MASSILLON, OH (CIVIL SERVICE REQUIREMENT APPLIES TO CITY)
NEWARK, OH (RESOLUTION APPLIES TO CITY)
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On July 20, 2015, the Newark City Council unanimously passed a resolution removing the conviction history inquiry from its applications. The Newark Think Tank on Poverty led the initiative to pass the resolution, with the help of Councilmember Jeremy Blake.
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STARK COUNTY, OH
STARK COUNTY, OH (ADMINISTRATIVE POLICY APPLIES TO COUNTY)
SUMMIT COUNTY, OH (AKRON, OH AREA; APPLIES TO COUNTY)
WARREN, OH (RESOLUTION APPLIES TO CITY)
YOUNGSTOWN, OH (RESOLUTION APPLIES TO CITY)
OKLAHOMA (State Policy)
OKLAHOMA (2016) EXECUTIVE ORDER 2016-03 (APPLIES TO STATE EMPLOYMENT) On February 24, 2016 Governor Mary Fallin signed an executive order directing all state agencies to remove questions regarding convictions and criminal history from job applications.
OREGON (State Law)
OREGON HOUSE BILL 3025 (2015) (APPLIES TO PUBLIC AND PRIVATE EMPLOYMENT) Signed on June 25, 2015, HB 3025.
MULTNOMAH COUNTY (PORTLAND, OR AREA; ADMINISTRATIVE POLICY APPLIES TO COUNTY)
PORTLAND, OR (ORDINANCE APPLIES TO CITY AND PRIVATE EMPLOYERS)
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On November 25, 2015, the Portland City Council unanimously approved an ordinance applying to private employers that delays conviction history inquiries until a conditional offer is provided to job applicants.
PENNSYLVANIA
ALLEGHENY COUNTY, PA (PITTSBURGH, PA AREA; APPLIES TO COUNTY)
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Background checks only for some positions
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Background checks after conditional offer of employment
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Incorporates EEOC criteria in an individualized assessment
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ALLENTOWN, PA
ALLENTOWN, PA (ORDINANCE APPLIES TO CITY)
LANCASTER, PA (RESOLUTION APPLIES TO CITY)
PHILADELPHIA COUNTY
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Appeal or complaint
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EMPLOYERS, (Private, Venders, Public)
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Background check only after conditional offer or finalists selected
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PITTSBURGH, PA
PITTSBURGH, PA (ORDINANCE APPLIES TO CITY AND CONTRACTORS)
READING, PA (ADMINISTRATIVE POLICY APPLIES TO CITY)
RHODE ISLAND (State Law)
RHODE ISLAND HOUSE BILL 5507 (2013) (APPLIES TO PUBLIC AND PRIVATE EMPLOYMENT) Signed into law on July 15, 2013, by Governor Lincoln Chafee (D), HB 5507.
PROVIDENCE, RI (ADMINISTRATIVE POLICY APPLIES TO CITY)
HARTFORD, CT (ORDINANCE APPLIES TO CITY AND VENDORS)
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Background check only after conditional offer of employment
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Background checks only required for some positions
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Policies applies to vendors/contractors doing business with the City
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Incorporates EEOC criteria in individualized assessment
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Right to appeal denial of employment
TENNESSEE (State Law)
TENNESSEE SENATE BILL 2440 (2016) (APPLIES TO STATE EMPLOYMENT) On April 14, 2016, Governor Bill Haslam (R) signed SB 2440. CHATTANOOGA, TN
HAMILTON COUNTY, TN (CHATTANOOGA, TN AREA; APPLIES TO COUNTY)
MEMPHIS, TN (ORDINANCE APPLIES TO CITY)
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Incorporates EEOC criteria in individualized assessment
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Right to appeal denial of employment
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Provides copy of background check report
TEXAS
TRAVIS COUNTY (AUSTIN, TX AREA; ADMINISTRATIVE POLICY APPLIES TO COUNTY)
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Background check only after applicant selected for hire
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Background checks only required for some positions
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Incorporates EEOC criteria in individualized assessment
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DALLAS COUNTY, TX
DALLAS COUNTY (DALLAS, TX AREA; ADMINISTRATIVE POLICY APPLIES TO COUNTY)
VERMONT (State Law)
VERMONT HOUSE BILL 261 (2016) (APPLIES TO PRIVATE AND PUBLIC EMPLOYMENT) House Bill 261 was signed by Governor Peter Shumlin (D) on May 3, 2016 making Vermont the eighth state to apply “ban the box” to the private sector.
VIRGINIA (State Policy)
VIRGINIA EXECUTIVE ORDER 41 (2015) (APPLIES TO STATE EMPLOYMENT) Signed on April 3, 2015 by Governor Terry McAuliffe (D).
ALEXANDRIA, VA (ADMINISTRATIVE POLICY APPLIES TO CITY)
ARLINGTON COUNTY, VA (ADMINISTRATIVE POLICY APPLIES TO COUNTY)
BLACKSBURG, VA (RESOLUTION APPLIES TO CITY)
CHARLOTTESVILLE, VA (ADMINISTRATIVE POLICY APPLIES TO CITY)
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In March 2014, the City removed the question about conviction history from the city job application. “This is another example of our commitment to being a City of Second Chances for ex-offenders who are searching for meaningful employment,” said the mayor. The City will continue to conduct background checks before making final employment offers.
DANVILLE, VA (RESOLUTION APPLIES TO CITY)
FAIRFAX COUNTY, VA (WASHINGTON, D.C. METRO AREA; APPLIES TO COUNTY)
FREDERICKSBURG, VA (ADMINISTRATIVE POLICY APPLIES TO CITY)
MONTGOMERY COUNTY, VA (RESOLUTION APPLIES TO COUNTY)
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On January 26, 2016, the Montgomery County Board of Supervisors passed a unanimous resolution to ban the box for County jobs, removing a question about conviction history from the County employment application.
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NEWPORT NEWS, VA
NEWPORT NEWS, VA (ADMINISTRATIVE POLICY APPLIES TO CITY)
NORFOLK, VA (ADMINISTRATIVE POLICY APPLIES TO CITY)
PETERSBURG, VA (RESOLUTION APPLIES TO CITY)
PORTSMOUTH, VA (ADMINISTRATIVE POLICY APPLIES TO CITY)
RICHMOND, VA (RESOLUTION APPLIES TO CITY)
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On March 25, 2013, the Richmond City Council unanimously passed a resolution to ban the box on City job applications. Except when required by federal or state law or for positions that the City Council, by resolution, has determined should be exempt, initial job applications may no longer inquire into an applicant’s criminal.
ROANOKE, VA (ADMINISTRATIVE POLICY APPLIES TO CITY)
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On October 9, 2014, the City Manager indicated at a city council meeting that the question about a job applicant's conviction history would be removed from the initial application for most city positions. By January 2015, the city will have developed a new hiring process intended to provide people with records a fair opportunity at employment.
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VIRGINIA BEACH, VA
VIRGINIA BEACH, VA (ADMINISTRATIVE POLICY APPLIES TO CITY)
WASHINGTON
PIERCE COUNTY (TACOMA, WA AREA; APPLIES TO COUNTY)
SEATTLE, WA (ORDINANCE APPLIES TO CITY AND PRIVATE EMPLOYERS)
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Background checks only required for some positions
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Applies to public and private employers
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Right to appeal denial of employment
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Provides copy of background check report
SPOKANE, WA (ADMINISTRATIVE POLICY APPLIES TO CITY)
TACOMA, WA (RESOLUTION APPLIES TO CITY)
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Background check after hiring process is complete
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Incorporates EEOC criteria in individualized assessment
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Provides copy of background check report
WISCONSIN (State Law)
WISCONSIN (2016) ASSEMBLY BILL 373 (APPLIES TO STATE EMPLOYMENT) Governor Scott Walker signed legislation on February 12, 2016, which dramatically overhauled the state’s civil service system.
DANE COUNTY (MADISON, WI AREA; ADMINISTRATIVE POLICY APPLIES TO COUNTY)
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Dane County Executive Joe Parisi removed questions of criminal history from the county application in February 2014 saying, “We don’t have to condone what they did to get in trouble, but I, personally, want people who’ve served their debt to society to get back into the workforce.”
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MILWAULKEE COUNTY, WI
MILWAUKEE COUNTY (MILWAUKEE, WI AREA; RESOLUTION APPLIES TO COUNTY)