Starting in 1998 in Hawaii ban-the-box legislation has been sweeping across the country. It is an attempt to level the playing field in the employment process in the USA by removing the box on job applications that ask about criminal history. It is an agenda to give ex-cons and those with a criminal background record a better chance to attain gainful employment.

As ban-the-box legislation continues to spread and evolve across the country new jurisdictions are joining in; most recently in Columbia, South Carolina and Waterloo, Iowa; and is under consideration in other municipalities, including a potential citywide ban in St. Louis. “Ban the box” is an attempt to create a fair playing field in employment by removing or “Banning” the question box asking about the criminal history of a job applicant.

Starting slowly in Hawaii in 1998 the ban-the-box movement in recent years has gained significant momentum.

From JS Supra’s website (Oct 22, 19):

Over the last several years, the “ban the box” movement has gained an impressive amount of momentum and support from lawmakers and activists across the nation. With an aim to provide job applicants a chance to obtain employment without the stigma of a conviction or arrest, “ban the box” laws require employers to consider an applicant’s qualifications before inquiring into or considering their criminal background record. While employers may still consider an applicant’s criminal record, they generally must wait until after the applicant’s initial interview or until they extend a conditional job offer, depending on the laws of the particular jurisdiction. ^{https://www.jdsupra.com/legalnews/many-states-and-municipalities-now-ban-22407/}

There is a new addition to the list:

Columbia, South Carolina recently passed and enacted a ban-the-box law that will affect all governmental agencies, but not private employers.

From JDSupra.com (Nov. 01, 19):

The ordinance applies to the City of Columbia, government contractors, any person regularly employing five or more persons, any person acting as an agent of an employer, directly or indirectly, or any person undertaking for compensation to procure employees or opportunities for employment. Employment means any occupation, vocation, job, or work for pay, including temporary or seasonal work, contracted work and work through the services of a temporary or other employment agency, or any form of vocational or educational training with or without pay.^{https://www.jdsupra.com/legalnews/update-columbia-south-carolina-enacts-72373/}

Changes that affect the public sector could eventually make it over to the private sector. Additional amendments to a law, especially Ban-the-Box laws add to the complexity, and further highlight the need for employers to work with a well-qualified third-party pre-employment background screening agency. Working with a professional employment screening agency is still a best practice for employers looking to remain compliant with all relevant laws.

To read more about this subject read recent press release: Ban-the-Box: News, Highlights, and Updates