Restricting Use of Applicant Criminal Conviction Histories by Employers

In the last decade numerous states have passed laws that prohibit private employers from asking job applicants about their criminal histories – also known as “ban the box” laws.  Although these ban the box laws vary somewhat from jurisdiction to jurisdiction, a key common feature is a prohibition on inquiring about an applicant’s criminal history on a job application. Some of these laws go a step further by prohibiting inquiries into criminal history at the interview stage, or until after a conditional offer is made.  CWC’s State Criminal Conviction History Restrictions tool lays out the key elements of the current state ban the box laws to help our members navigate their compliance obligations when considering applicants.

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