Nationwide, there are approximately 29 states and over 150
cities and counties that have adopted some form of “ban the
box” legislation. Although the legislation varies from
one jurisdiction to the other, typically it requires employers to
remove the criminal history check box from employment
applications. This does not prevent employers from asking
about criminal history, but it does limit when an employer can
ask. Proponents believe that banning the box helps balance
the inequities faced by convicted felons who are attempting to
re-enter into the workforce; giving them a “fair
chance.”
The Equal Opportunity Employment Commission (“EEOC”)
has issued guidelines which recommend that employers not use the
criminal history box before the interview process. The EEOC
believes that using criminal history as a sole basis for
pre-employment hiring decisions may violate Title VII because it
disproportionally excludes minorities and men. As well, the
EEOC instructs
