It is estimated that 65 million Americans (1 in 4 adults) have a criminal record that may show up on a routine pre-employment background check. More and more employers are using background checks as part of the pre-screening process for new hires. Many cities and counties across the nation are responding the new EEOC guidelines to help remove barriers for qualified workers with criminal records. By removed conviction history question from job applications – commonly known as “ban the box” they are attempting judge applicants on their merits.
Chicago mayor, Richard Daley, states, “Implementing this new policy won’t be easy, but it’s the right thing to do…We cannot ask private employers to consider hiring former prisoners unless the City practices what it preaches.
The U.S. Equal Opportunity Employment Commission “EEOC” issued a revised guidance in April of 2012 asking that employers as a “ best practice…not ask about convictions on job applications and that, if, and when they make such inquiries, the inquiries be limited to convictions for which exclusion would be job related for the position in question and consistent with business necessity.”
Liberty provides the guidance below for 43 local jurisdictions across the United States, taken from the National Employment Law Project’s “NELP” website. For a full copy and detailed descriptions of ordinances and legislations, please go to the NELP site, which offers key information.
Boston, MA
ORDINANCE APPLIES TO CITY AND VENDORS
· Banned the box
· Background check only for otherwise qualified candidates
· Background checks only required for some positions
· Policies applies to vendors/contractors doing business with the City
· Incorporates EEOC language into selection criteria
· Right to appeal denial of employment
San Francisco, CA
APPLIES TO CITY AND COUNTY
· Banned the box
· Background check only for finalists for positions
· Incorporates EEOC language into selection criteria
Chicago, IL
APPLIES TO CITY
· Banned the box
· Background check only after conditional offer of employment
· Incorporates EEOC language into selection criteria
St. Paul, MN
APPLIES TO CITY
· Banned the box
· Background check only for otherwise qualified candidates
· Background checks only required for some positions
· Incorporates EEOC language into selection criteria
Minneapolis, MN
APPLIES TO CITY
· Banned the box
· Background checks only for otherwise qualified applicants
· Background checks required only for some positions
· Incorporates EEOC language into selection criteria
East Palo Alto, CA
APPLIES TO CITY
· Banned the box
Oakland, CA
APPIES TO CITY
· Banned the box
· Background check only after conditional offer of employment
· Background checks only required for some positions
· Incorporates EEOC language into selection criteria
· Right to appeal denial of employment
· Provides copy of background check report
Cambridge, MA
APPLIES TO CITY AND VENDORS
· Banned the box
· Background check only for otherwise qualified applicants
· Background checks only required for some positions
· Policies applies to vendors/contractors doing business with the City
· Incorporates EEOC language into selection criteria
· Right to appeal prior to adverse determination
· Provides copy of background check report
Baltimore, MD
APPLIES TO CITY
· Banned the box
· Background checks only for otherwise qualified candidates
· Background checks only required for some positions
Austin, TX
APPLIES TO CITY
· Banned the box
· Background check only for otherwise qualified candidates
· Background checks only required for some positions
Berkeley, CA
APPLIES TO CITY
· Banned the box
· Background check only after conditional offer of employment
· Background checks only required for some positions
· Incorporates EEOC language into selection criteria
Norwich, CT
APPLIES TO CITY
· Banned the box
· Background check only after conditional offer of employment
New Haven, CT
APPLIES TO CITY AND VENDORS
· Banned the box
· Background check only after conditional offer of employment
· Policies applies to vendors/contractors doing business with the City
· Incorporates EEOC language into selection criteria
· Right to appeal denial of employment
· Provides copy of background check report
Seattle, WA
APPLIES TO CITY
· Banned the box
· Background check only for otherwise qualified applicants
· Background checks only required for some positions
· Right to appeal denial of employment
· Provides copy of background check report
Providence, RI
APPLIES TO CITY
· Banned the box
· Background check only for otherwise qualified applicants
Hartford, CT
APPLIES TO CITY AND VENDORS
· Banned the box
· Background check only after conditional offer of employment
· Background check only required for some positions
· Policies applies to vendor/contractors doing business with the City
· Incorporates EEOC language into selection criteria
· Right to appeal denial of employment
Worcester, MA
APPLIES TO CITY AND VENDORS
· Banned the box
· Background check only for otherwise qualified candidates
· Background checks only required for some positions
· Policies applies to vendor/contractors doing business with the City
· Incorporates EEOC language into selection criteria
· Right to appeal denial of employment
· Provides copy of background check report upon request
Jacksonville, FL
APPLIES TO CITY
· Banned the box
· Background check only after applicant selected for hire
· Incorporates EEOC language into selection criteria
· Right to appeal denial of employment
Bridgeport, CT
APPLIES TO CITY
· Banned the box
· Background check only for otherwise qualified applicants
· Incorporates EEOC language into selection criteria
· Right to appeal denial of employment
Kalamazoo, MI
APPLIES TO CITY
· Banned the box
Memphis, TN
APPLIES TO CITY
· Banned the box
· Background check only for otherwise qualified applicants
· Incorporates EEOC language into selection criteria
· Right to appeal denial of employment
· Provides copy of background check report
Cincinnati, OH
APPLIES TO CITY
· Banned the box
· Background check only for otherwise qualified applicants
· Incorporates EEOC language into selection criteria
· Right to appeal denial of employment
· Provides copy of background check report
Detroit, MI
APPLIES TO CITY AND VENDORS
· Banned the box
· Background check only for otherwise qualified applicants
· Policies applies to vendors/contractors doing business with the City
Philadelphia, PA
APPLIES TO CITY AND PRIVATE EMPLOYERS
· Banned the box
· Background check only after applicant selected
· Policies applies to private employers in the City
Washington, District of Columbia
APPLIES TO DISTRICT
· Banned the box
· Incorporates EEOC language into selection criteria
Durham, NC
APPLIES TO CITY
· Banned the box
· Background check only after conditional offer
Compton, CA
APPLIES TO CITY AND CONTRACTORS
· Banned the box
· Background check only after conditional offer
· Policies applies to contractors doing business with the city
· Incorporates EEOC language into selection criteria
New York City, NY
APPLIES TO CITY AND SOME CONTRACTORS
· Banned the box
· Policies applies to contractors doing business with the Human Services Department
Cleveland, OH
APPLIES TO CITY
· Banned the box
Richmond, CA
APPLIES TO CITY
· Banned the box
· Background checks only required for some positions
Atlantic City, NJ
APPLIES TO CITY AND VENDORS
· Banned the box
· Background check only after conditional offer is given
· Policies applies to vendors/contractors doing business with the City
· Incorporates EEOC language into selection criteria
· Right to appeal denial of employment
Carson, CA
APPLIES TO CITY
· Banned the box
· Incorporates EEOC language into selection criteria
Spring Lake, NC
APPLIES TO TOWN
· Banned the box
· Incorporates EEOC language into selection criteria
Newport News, VA
APPLIES TO CITY
· Banned the box
· Incorporates EEOC language into selection criteria
Newark, NJ
APPLIES TO CITY, PRIVATE EMPLOYERS, LICENSING AND HOUSING
· Banned the box
· Background check only after conditional offer
· Background checks only required for some positions
· Policies applies to private employers, licensing and housing
· Incorporates EEOC language into selection criteria
· Right to appeal denial of employment
· Provides copy of background check report
Carrboro, NC
APPLIES TO TOWN
· Banned the box
· Incorporates EEOC language into selection criteria
Alameda County (Oakland & Berkeley, CA area)
APPLIES TO COUNTY
· Banned the box
· Incorporates EEOC language into selection criteria
Multnomah County (Portland, OR area)
APPLIES TO COUNTY
· Banned the box
· Incorporates EEOC language into selection criteria
Travis County (Austin, TX area)
APPLIES TO COUNTY
· Banned the box
· Background check only after applicant is selected for hire
· Background checks only required for some positions
· Incorporates EEOC language into selection criteria
Cumberland County (Fayetteville, NC area)
APPLIES TO COUNTY
· Banned the box
Muskegon County (Northwest of Grand Rapids, MI area)
APPLIES TO COUNTY
· Banned the box
Santa Clara County (San Jose, CA area)
APPLIES TO COUNTY
· Banned the box
Durham County, NC (Durham, NC area)
APPLIES TO COUNTY
· Banned the box
· Background check only after applicant selected for hire
· Incorporates EEOC language into selection criteria
· Right to appeal denial of employment
· Provides copy of background check report