It seems every month some jurisdiction, city or State is enacting or at least considering new Ban-the-Box legislation. Ban-the-Box is a legislative movement that governs when and if the question of criminal history can be asked of an individual applying for employment. Generally, an employment application will ask about criminal history and by checking the “box” the potential for discrimination against those that check the box is considered very high. Ban-the-Box laws are a method of decreasing discrimination and mandate the removal of the box. These laws also govern when the question of a criminal history can be discussed and, in some cases, whether it is a viable or legal question.

Over the last several years Ban-the-Box laws have spread across the country. A number cities, states, and businesses have implemented Ban-the-Box laws.

Most recently the city of St. Louis enacted their version of Ban-the-Box.

From JDSupra’s website on February 4, 2020:

The St. Louis Ban the Box Ordinance (the “Ordinance”) will restrict private employers in their ability to base hiring or promotion decisions on an applicant’s criminal history. Covered employers that violate the Ordinance could lose their business license and, thus, compliance in this jurisdiction is critical. Such restrictions are not new to the St. Louis area. Indeed, in 2014, St. Louis banned city offices from requiring job applicants to disclose felony convictions, unless the position required a criminal background check. And, in 2018, the St. Louis County Executive issued a similar executive order for county applicants. ^{jdsupra.com/legalnews/st-louis-missouri-enacts-ban-the-box-22753/}

Every time Ban-the-Box legislation is implemented hiring managers and HR Departments should make sure their application and pre-employment screening process and policy is fully compliant with law. A best practice remains to work with a well-qualified third-party pre-employment background screening agency.

To read more about this subject read recent press release: Ban the Box in the News!