Ban the Box Law

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 campaign began in Hawaii in the late 1990s, and 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 by States

List of All Ban the Box Laws and Policies by State

 

ALABAMA

·         BIRMINGHAM, AL

BIRMINGHAM, AL (ADMINISTRATIVE DECISION APPLIES TO CITY)

 

ARIZONA

·         GLENDALE, AZ

GLENDALE, AZ (ADMINISTRATIVE DECISION APPLIES TO CITY)

·         PHOENIX, AZ

PHOENIX, AZ (ADMINISTRATIVE REGULATION APPLIES TO CITY)

·         PIMA COUNTY, AZ

PIMA COUNTY (TUSCON, AZ AREA; RESOLUTION APPLIES TO COUNTY)

·         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.

·         AZ TUCSON, AZ

TUCSON, AZ (RESOLUTION APPLIES TO CITY)

 

CALIFORNIA

CALIFORNIA ASSEMBLY BILL 218 (2013) (APPLIES TO PUBLIC EMPLOYMENT) Signed on October 10, 2013 by Governor Edmond “Jerry” Brown (D).

·         ALAMEDA COUNTY, CA & BERKELEY, CA

ALAMEDA COUNTY (OAKLAND & BERKELEY, CA AREA; RESOLUTION APPLIES TO COUNTY)

·         BERKELEY, CA

BERKELEY, CA (HUMAN RESOURCE DEPARTMENT HIRING POLICY APPLIES TO CITY)

·         CARSON, CA

CARSON, CA (RESOLUTION APPLIES TO CITY)

·         COMPTON, CA

COMPTON, CA (RESOLUTION AND HIRING POLICY APPLIES TO CITY AND CONTRACTORS)

·         EAST PALO ALTO, CA

·         OAKLAND, CA

OAKLAND, CA (CITY ADMINISTRATOR HIRING POLICY APPLIES TO CITY)

·         PASADENA, CA

PASADENA, CA (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         In July 2013, the City Manager removed the conviction history question from the city job application.

·         RICHMOND, CA

RICHMOND, CA (RESOLUTION APPLIES TO CITY AND VENDORS)

·         SAN FRANCISCO, CA

SAN FRANCISCO, CA (BOARD OF SUPERVISORS RESOLUTION APPLIES TO CITY AND COUNTY (2005)

·         SANTA CLARA COUNTY, CA

SANTA CLARA COUNTY (SAN JOSE, CA AREA; APPLIES TO COUNTY)

·         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.

·         Once candidates have been tentatively selected, Human Resources will evaluate the conviction history.  

 

COLORADO

COLORADO HOUSE BILL 1263 (2012) (APPLIES TO STATE EMPLOYMENT AND LICENSING) Signed on May 29, 2012 by Governor John Hickenlooper (D).

 

CONNECTICUT

CONNECTICUT HOUSE BILL 5237 (2016) (APPLIES TO PUBLIC AND PRIVATE EMPLOYMENT) Signed on June 1, 2016 by Governor Dannel P. Malloy (D).

·         BRIDGEPORT, CT

BRIDGEPORT, CT (CIVIL SERVICE RULES APPLY TO CITY)

·         HARTFORD, CT

HARTFORD, CONNECTICUT (ORDINANCE APPLIES TO PUBLIC AND VENDORS)

·         NEW HAVEN, CT

NEW HAVEN, CT (ORDINANCE APPLIES TO CITY AND VENDORS)

·         NORWICH, CT

 

DELAWARE

DELAWARE HOUSE BILL 167 (2014) (APPLIES TO PUBLIC EMPLOYMENT) Signed on May 8, 2014, HB 167.

·         NEW CASTLE COUNTY, DE

·         WILMINGTON, DE

 

DISTRICT OF COLUMBIA  (D.C.)

·         DISTRICT OF COLUMBIA

DISTRICT OF COLUMBIA (WASHINGTON D.C.) (ORDINANCE APPLIES TO DISTRICT AND PRIVATE EMPLOYERS)

 

 

FLORIDA

·         CLEARWATER, FL

CLEARWATER, FL (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         Incorporates EEOC criteria in an individualized assessment 

·         DAYTONA BEACH, FL

DAYTONA BEACH, FL (POLICY APPLIES TO CITY)

·         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

FORT MYERS, FL (RESOLUTION APPLIES TO CITY)

·         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.

·         GAINESVILLE, FL

GAINESVILLE, FL (APPLIES TO CITY)

·         JACKSONVILLE, FL

JACKSONVILLE, FL (ORDINANCE APPLIES TO CITY)

·         MIAMI-DADE COUNTY, FL

MIAMI-DADE COUNTY (MIAMI, FL AREA; APPLIES TO COUNTY)

·         ORLANDO, FL

ORLANDO, FL (POLICY APPLIES TO CITY)

·         POMPANO BEACH, FL

POMPANO BEACH, FL (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         ST. PETERSBURG, FL

ST. PETERSBURG, FL (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         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

TAMPA, FL (ORDINANCE APPLIES TO CITY)

·         Background check after conditional offer 

·         TALLAHASSEE, FL

TALLAHASSEE, FL (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         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

GEORGIA EXECUTIVE ORDER (2015) (APPLIES TO STATE EMPLOYMENT) Governor Nathan Deal (R) signed an executive order on February 23, 2015.

 

·         ALBANY, GA

ALBANY, GA (RESOLUTION APPLIES TO CITY)

·         ATLANTA, GA

ATLANTA, GA (ORDINANCE APPLIES TO CITY)

·         CHEROKEE COUNTY, GA

CHEROKEE COUNTY, GA (RESOLUTION APPLIES TO COUNTY)

·         COLUMBUS, GA

COLUMBUS, GA (ORDINANCE APPLIES TO CITY)

·         FULTON COUNTY, GA

FULTON COUNTY (ATLANTA, GA AREA; ADMINISTRATIVE POLICY APPLIES TO COUNTY)

·         MACON-BIBB COUNTY, GA

MACON-BIBB COUNTY, GA (ORDINANCE APPLIES TO COUNTY)

 

HAWAII

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

ILLINOIS HOUSE BILL 5701 (2014) (APPLIES TO PRIVATE EMPLOYERS) Introduced on February 14, 2014.

·         CHICAGO, IL

CHICAGO, IL (MAYOR’S INITIATIVE; ORDINANCE APPLIES TO PRIVATE EMPLOYERS)

 

INDIANA

·         INDIANAPOLIS, IN

INDIANAPOLIS, IN (ORDINANCE APPLIES TO CITY, COUNTY, LICENSING, AND VENDORS)

 

KANSAS

·         KANSAS CITY, KS

KANSAS CITY AND WYANDOTTE COUNTY, KANSAS (“KCK”) (ORDINANCE APPLIES TO CITY)

·         TOPEKA, KS

TOPEKA, KS (ADMINISTRATIVE DECISION APPLIES TO CITY)

·         WICHITA, KS

WICHITA, KS (POLICY APPLIES TO CITY)

KENTUCKY

·         LOUISVILLE, KY

LOUISVILLE, KY (ORDINANCE APPLIES TO CITY AND VENDORS)

 

LOUISIANA

LOUISIANA HOUSE BILL 266 (2016) (APPLIES TO SOME STATE EMPLOYMENT) Signed on June 8, 2016 by Governor John Bel Edwards (D).

·         BATON ROUGE, LA

BATON ROUGE, LA (RESOLUTION APPLIES TO CITY)

·         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. 

·         NEW ORLEANS, LA

NEW ORLEANS, LA (ADMINISTRATIVE POLICY APPLIES TO CITY)

 

MARYLAND  

MARYLAND SENATE BILL 4 (2013) (APPLIES TO STATE EMPLOYMENT) Signed on May 2, 2013 by Governor Martin O’Malley (D).

·         BALTIMORE, MD

BALTIMORE, MD (HIRING POLICY APPLIES TO CITY, ORDINANCE APPLIES TO PUBLIC AND PRIVATE EMPLOYERS)

·         MONTGOMERY COUNTY, MD

MONTGOMERY COUNTY, MD (WASHINGTON D.C. METRO AREA; ORDINANCE APPLIES TO PRIVATE EMPLOYERS AND COUNTY)

·         PRINCE GEORGE’S COUNTY, MD

PRINCE GEORGE’S COUNTY, MD (WASHINGTON D.C. METRO AREA; ORDINANCE APPLIES TO PRIVATE EMPLOYERS AND COUNTY)

 

MASSACHUSETS

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

BOSTON, MA (ORDINANCE APPLIES TO CITY AND VENDORS)

·         CAMBRIDGE, MA

CAMBRIDGE, MA (ORDINANCE APPLIES TO CITY AND VENDORS)

·         WORCESTER, MA

WORCESTER, MA (ORDINANCE APPLIES TO CITY AND VENDORS)

 

MICHIGAN

·         ANN ARBOR, MI

ANN ARBOR, MI (RESOLUTION APPLIES TO CITY)

·         DETROIT, MI

DETROIT, MI (ORDINANCE APPLIES TO CITY AND VENDORS)

·         EAST LANSING, MI

EAST LANSING, MI (RESOLUTION APPLIES TO CITY)

·         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.  

·         GENESEE COUNTY, MI

GENESEE COUNTY (FLINT, MI AREA; RESOLUTION APPLIES TO COUNTY)

·         KALAMAZOO, MI

·         MUSKEGON COUNTY, MI

MUSKEGON COUNTY (NORTHWEST OF GRAND RAPIDS, MI AREA; APPLIES TO COUNTY)

·         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

MINNESOTA SENATE BILL 523 (2009, 2013) (APPLIES TO PUBLIC AND PRIVATE EMPLOYMENT) Signed on May 13, 2013 by Governor Mark Dayton (D).

·         MINNEAPOLIS, MN

·         ST. PAUL, MN 

ST. PAUL, MN (MAYOR’S DIRECTIVE AND CITY COUNCIL RESOLUTION APPLY TO CITY)

·         Background checks only required for some positions · Incorporates EEOC criteria in individualized assessment

 

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

COLUMBIA, MO (ORDINANCE APPLIES TO PRIVATE EMPLOYERS AND CITY)

·         Applies to private employers and city ·

·         Background checks after conditional offer of employment

·         Complaint process

·         KANSAS CITY, MO

KANSAS CITY, MO (ORDINANCE APPLIES TO CITY)

·         Incorporates EEOC criteria in individualized assessment

·         ST. LOUIS, MO

ST. LOUIS, MO (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         Background checks only required for some positions

·         Incorporates EEOC criteria in an individualized assessment 

 

NEBRASKA (State Law) 

NEBRASKA LEGISLATIVE BILL 907 (2014) (APPLIES TO PUBLIC EMPLOYMENT) Originally introduced in January 2014 as LB 932.

 

NEW JERSEY

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

ATLANTIC CITY, NJ (ORDINANCE APPLIES TO CITY AND VENDORS)

·         Background check only after conditional offer

·         Policies applies to vendors/contractors doing business with the City

·         Incorporates EEOC criteria in individualized assessment

·         Right to appeal denial of employment     

·         NEWARK, NJ

NEWARK, NJ (ORDINANCE APPLIES TO CITY, PRIVATE EMPLOYERS, LICENSING, AND HOUSING)

·         Background check only after conditional offer

·         Background checks only required for some positions

·         Applies to private employers, licensing, and housing

·         Incorporates EEOC criteria in individualized assessment

·         Right to appeal denial of employment

·         Provides copy of background check report   

 

NEW MEXICO

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

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

BUFFALO, NY (ORDINANCE APPLIES TO CITY, VENDORS, AND PRIVATE EMPLOYERS)

·         Applies to public and private employers and vendors 

·         DUTCHESS COUNTY, NY

DUTCHESS COUNTY, NY (ADMINISTRATIE POLICY APPLIES TO COUNTY)

·         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 KINGSTON, NY

ITHACA, NY (ADMINISTRATIVE POLICY APPILES TO CITY)

·         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

KINGSTON, NY (RESOLUTION APPLIES TO CITY)

·         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

NEWBURGH, NY (RESOLUTION APPLIES TO CITY)

·         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, NY

NEW YORK CITY, NY (APPLIES TO CITY, PRIVATE EMPLOYERS, AND LICENSING)

·         ROCHESTER, NY

ROCHESTER, NY (ORDINANCE APPLIES TO CITY, VENDORS, AND PRIVATE EMPLOYERS)

·         Applies to public and private employers and vendors 

·         SYRACUSE, NY

SYRACUSE, NY (ORDINANCE APPLIES TO CITY, LICENSURE, AND CONTRACTORS)

·         ULSTER COUNTY, NY

ULSTER COUNTY, NY (KINGSTON, NY AREA; EXECUTIVE ORDER APPLIES TO COUNTY)

·         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

WOODSTOCK, NY (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         On November 18, 2014, the Town Board voted unanimously to remove questions regarding criminal history from applications for employment with the town.  

·         YONKERS, NY

YONKERS, NY (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         In November 2014, Community Voices Heard worked with the Mayor’s office to remove the box asking an application to disclose his or her criminal history.   

 

NORTH CAROLINA

·         ASHEVILLE, NC

ASHEVILLE, NC (RESOLUTION APPLIES TO CITY)

·         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. 

·         CHARLOTTE, NC

CHARLOTTE, NC (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         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.

·         CUMBERLAND COUNTY, NC

·         DURHAM CITY, NC

DURHAM, NC (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         DURHAM COUNTY, NC

DURHAM COUNTY (DURHAM, NC AREA; ADMINISTRATIVE POLICY APPLIES TO COUNTY)

·         SPRING LAKE, NC

SPRING LAKE, NC (ADMINISTRATIVE POLICY APPLIES TO TOWN)

·         Incorporates EEOC criteria in individualized assessment

·         WAKE COUNTY, NC

WAKE COUNTY, NC (ORDINANCE APPLIES TO COUNTY)

 

OHIO

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

ALLIANCE, OH (POLICY APPLIES TO CITY)

·         Background checks only required for some positions

·         Provides copy of background check report upon request 

·         AKRON, OH

AKRON, OH (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         Incorporates EEOC criteria in individualized assessment

·         Right to appeal denial of employment

·         ANTON, OH

CANTON, OH (CIVIL SERVICE COMMISSION RULES APPLIES TO CITY)

·         Incorporates EEOC criteria in individualized assessment 

·         CINCINNATI, OH

CINCINNATI, OH (CITY COUNCIL MOTION APPLIES TO CITY)

·         Incorporates EEOC criteria in individualized assessment

·         Background check only after conditional offer of employment

·         Right to appeal denial of employment

·         Provides copy of background check report   

·         CLEVELAND, OH

CLEVELAND, OH POLICY (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         On September 26, 2011, the City of Cleveland announced its ban the box policy.

·         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.

·         Background checks will now be performed only on finalists for a position    

·         CUYAHOGA COUNTY, OH

CUYAHOGA COUNTY, OH (CLEVELAND, OH AREA; ORDINANCE APPLIES TO COUNTY)

·         Background check only after conditional offer of employment

·         Incorporates EEOC criteria in individualized assessment 

·         DAYTON, OH

DAYTON, OH (APPLIES TO CITY)

·         Incorporates EEOC criteria in individualized assessment

·         Right to appeal denial of employment 

·         FRANKLIN COUNTY, OH

FRANKLIN COUNTY, OHIO (APPLIES TO COUNTY)

·         Background check only after conditional offer of employment

·         Incorporates EEOC criteria in individualized assessment

·         HAMILTON COUNTY, OH

HAMILTON COUNTY, OH (CINCINNATI AREA; APPLIES TO COUNTY)

·         Background check only after conditional offer of employment

·         Incorporates EEOC criteria in individualized assessment  

·         LUCAS COUNTY, OH

LUCAS COUNTY, OH (TOLEDO AREA, POLICY APPLIES TO COUNTY)

·         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.   

·         MASSILLON, OH

MASSILLON, OH (CIVIL SERVICE REQUIREMENT APPLIES TO CITY)

·         Incorporates EEOC criteria in individualized assessment 

·         NEWARK, OH

NEWARK, OH (RESOLUTION APPLIES TO CITY)

·         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. 

·         STARK COUNTY, OH

STARK COUNTY, OH (ADMINISTRATIVE POLICY APPLIES TO COUNTY) 

·         In May 2013, County Commissioners amended the employee handbook and employment application forms to remove language that prohibits them from hiring anyone convicted of a felony.

·         SUMMIT COUNTY, OH

SUMMIT COUNTY, OH (AKRON, OH AREA; APPLIES TO COUNTY)

·         Background checks only required for some positions

·         Incorporates EEOC criteria in individualized assessment

·         WARREN, OH

WARREN, OH (RESOLUTION APPLIES TO CITY)

·         Background checks only required for some positions

·         Background checks after conditional offer of employment 

·         YOUNGSTOWN, OH

YOUNGSTOWN, OH (RESOLUTION APPLIES TO CITY)

OKLAHOMA

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

OREGON HOUSE BILL 3025 (2015) (APPLIES TO PUBLIC AND PRIVATE EMPLOYMENT) Signed on June 25, 2015, HB 3025.

·         MULTNOMAH COUNTY, OR

MULTNOMAH COUNTY (PORTLAND, OR AREA; ADMINISTRATIVE POLICY APPLIES TO COUNTY) 

·         Incorporates EEOC criteria in individualized assessment

·         PORTLAND, OR

PORTLAND, OR (ORDINANCE APPLIES TO CITY AND PRIVATE EMPLOYERS)

·         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

ALLEGHENY COUNTY, PA (PITTSBURGH, PA AREA; APPLIES TO COUNTY)

·         ALLENTOWN, PA

ALLENTOWN, PA (ORDINANCE APPLIES TO CITY)

·         Background checks after conditional offer of employment

·         LANCASTER, PA

LANCASTER, PA (RESOLUTION APPLIES TO CITY)

·         PHILADELPHIA, PA

PHILADELPHIA COUNTY

·         PITTSBURGH, PA

PITTSBURGH, PA (ORDINANCE APPLIES TO CITY AND CONTRACTORS)

·         READING, PA

READING, PA (ADMINISTRATIVE POLICY APPLIES TO CITY)

 

RHODE ISLAND

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

PROVIDENCE, RI (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         HARTFORD

HARTFORD, CT (ORDINANCE APPLIES TO CITY AND VENDORS)

 

TENNESSEE

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)

·         Background check only after conditional offer of employment 

·         HAMILTON COUNTY, TN

·         MEMPHIS, TN

MEMPHIS, TN (ORDINANCE APPLIES TO CITY)

·         Incorporates EEOC criteria in individualized assessment

·         Right to appeal denial of employment

·         Provides copy of background check report 

·         NASHVILLE, TN

 

TEXAS

·         AUSTIN, TX

TRAVIS COUNTY (AUSTIN, TX AREA; ADMINISTRATIVE POLICY APPLIES TO COUNTY)

·         DALLAS COUNTY, TX

DALLAS COUNTY (DALLAS, TX AREA; ADMINISTRATIVE POLICY APPLIES TO COUNTY)

·         TRAVIS COUNTY, TX 

 

VERMONT

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

VIRGINIA EXECUTIVE ORDER 41 (2015) (APPLIES TO STATE EMPLOYMENT) Signed on April 3, 2015 by Governor Terry McAuliffe (D).

·         ALEXANDRIA, VA

ALEXANDRIA, VA (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         ARLINGTON COUNTY, VA

ARLINGTON COUNTY, VA (ADMINISTRATIVE POLICY APPLIES TO COUNTY)

·         In November 2014, the County eliminated questions about convictions from its employment application.

·         BLACKSBURG, VA

BLACKSBURG, VA (RESOLUTION APPLIES TO CITY)

·         CHARLOTTESVILLE, VA

CHARLOTTESVILLE, VA (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         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

DANVILLE, VA (RESOLUTION APPLIES TO CITY)

·         FAIRFAX COUNTY, VA

FAIRFAX COUNTY, VA (WASHINGTON, D.C. METRO AREA; APPLIES TO COUNTY)

·         FREDERICKSBURG, VA

FREDERICKSBURG, VA (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         MONTGOMERY COUNTY, VA

MONTGOMERY COUNTY, VA (RESOLUTION APPLIES TO COUNTY)

·         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. 

·         NEWPORT NEWS, VA

NEWPORT NEWS, VA (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         NORFOLK, VA

NORFOLK, VA (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         PETERSBURG, VA

PETERSBURG, VA (RESOLUTION APPLIES TO CITY)

·         PORTSMOUTH, VA

PORTSMOUTH, VA (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         On June 2013, the Portsmouth City Manager made the administrative decision to ban the box.  The City Manager notified the City Council that City employment applications would no longer request criminal history information from job applicants. 

·         RICHMOND, VA

RICHMOND, VA (RESOLUTION APPLIES TO CITY)

·         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

ROANOKE, VA (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         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. 

·         VIRGINIA BEACH, VA

VIRGINIA BEACH, VA (ADMINISTRATIVE POLICY APPLIES TO CITY)

 

WASHINGTON

·         PIERCE COUNTY, WA

PIERCE COUNTY (TACOMA, WA AREA; APPLIES TO COUNTY)

·         Incorporates EEOC criteria in individualized assessment

·         SEATTLE, WA

SEATTLE, WA (ORDINANCE APPLIES TO CITY AND PRIVATE EMPLOYERS)

·         SPOKANE, WA

SPOKANE, WA (ADMINISTRATIVE POLICY APPLIES TO CITY)

·         Spokane Mayor David Condon directed the Human Resources Department by letter on July 31, 2014 to draft policies and procedures that would delay a background check inquiry until the City has determined that the applicant meets the minimum qualifications for the job. 

·         TACOMA, WA

TACOMA, WA (RESOLUTION APPLIES TO CITY)

 

WISCONSIN

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, WI

DANE COUNTY (MADISON, WI AREA; ADMINISTRATIVE POLICY APPLIES TO COUNTY)

·         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.”

·         MILWAULKEE COUNTY, WI

MILWAUKEE COUNTY (MILWAUKEE, WI AREA; RESOLUTION APPLIES TO COUNTY)

·         On October 7, 2011, Milwaukee County banned the box for county employment.

 

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