Alabama

  • Local ban-the-box laws
Alabama
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

County Laws

Birmingham, AL - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Birmingham, AL.

Timing of inquiry: Public employers in Birmingham are prohibited from asking about criminal history on job applications.

Adverse action implications: None

Alaska

No state or local ban-the-box laws

Alaska
Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in Alaska and no additional adverse action requirements beyond the FCRA.

Arizona

  • Local ban-the-box laws
Arizona
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

County Laws

Coconino County, AZ - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Coconino County, AZ.

Timing of inquiry: Public employers in Coconino County, AZ, are prohibited from asking about criminal history on job applications.

Adverse action implications: None

Glendale, AZ - Public Sector

Who must follow: This ban-the-box law only applies to public sector employees for the City of Glendale, AZ.

Timing of inquiry: Public employers in Glendale, AZ, may only inquire into an applicant's criminal history after a conditional offer of employment.

Adverse action implications:

  • Consideration of records. Criminal records older than 7 years should not be incorporated into a hiring decision.

Pima County, AZ (Tuscon) - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for Pima County, AZ.

Timing of inquiry: Public employers in Pima County, AZ, are prohibited from asking about criminal history on job applications.

Adverse action implications: None

Phoenix, AZ - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Phoenix, AZ.

Timing of inquiry: Public employers in Phoenix, AZ, may only inquire into criminal history at the finalist interview stage.

Adverse action implications:

  • Consideration of records. Public employers cannot consider records older than 7 years.
  • Individualized assessment. Public employers must conduct an individualized assessment prior to sending a final adverse action notice.
  • Holding job open. If an applicant disputes the background check, the City must hold the job open for up to 10 calendar days or until the dispute is resolved, whichever occurs first. Only then may the conditional offer be revoked.

Tempe, AZ - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Tempe, AZ.

Timing of inquiry: Public employers in Tucson, AZ, may only inquire into criminal history once an applicant is deemed a finalist.

Adverse action implications: None

Tucson, AZ - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Tucson, AZ.

Timing of inquiry: Public employers in Tucson, AZ, may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment. Public employers in Tucson, AZ, must conduct an individualized assessment prior to sending a final adverse action notice.
  • Holding job open. After sending a pre-adverse action notice, public employers must wait seven full business days before taking final action.

Arkansas

  • Local ban-the-box laws
Arkansas
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

County Laws

Pulaski County, AR - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for Pulaski County, AR.

Timing of inquiry: Public employers in Pulaski County may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment: Public employers must conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action: Final adverse action notices must include the deadline by which the applicant may contest the accuracy of the report and provide evidence of rehabilitation.

California

  • State ban-the-box laws
  • Local ban-the-box laws
California
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public Sector

Who must follow: This ban the box law applies only if you are a public sector employer in California.

Timing of inquiry: Public employers in California may only inquire into criminal history after the candidate is deemed qualified to meet minimum requirements of the position.

See Law

State Laws — Public and Private Sector

Who must follow: This background screening rule applies to all employers in California with at least 5 employees, regardless of those employees' work location.

Use of criminal records: Employers with more than 5 employees are prohibited from using criminal history in employment decisions if doing so would have an adverse impact on individuals, and

  1. the employer cannot prove such use is job-related and consistent with business necessity; or
  2. the screening and hiring policy must be the absolute least discriminatory method for achieving the business need

Adverse action implications:

  • Consideration of specific criminal records. The law also specifically prohibits employers from considering the following criminal records:
  1. An arrest or detention that did not result in conviction
  2. Referral to or participation in a pretrial or post-trial diversion program
  3. A conviction that has been judicially dismissed or ordered sealed, expunged or statutorily eradicated pursuant to law
  4. Juvenile records
  5. A non-felony conviction for possession of marijuana that is two or more years old
  • Pre-adverse action notices. Employers must inform candidates of the specific offense or offenses that may lead to an adverse hiring decision with the pre-adverse action notice.
  • Individualized assessment strongly encouraged. Employers must demonstrate that their screening policies are job-related and consistent with business necessity. Performing an individualized assessment is the simplest path to compliance.
See Law

County Laws

Berkeley, CA — Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Berkeley, CA.

Timing of inquiry: Public employers in Berkeley, CA, may only inquire into criminal history after making a conditional offer of employment.

Adverse action implications:

  • Individualized assessment. Public employers in Berkeley must conduct an individualized assessment prior to sending a final adverse action notice.

Note: This law's requirements are in addition to the requirements imposed under California state law.

Carson, CA — Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Carson, CA, or a city contractor in Carson, CA.

Timing of inquiry: Public employers and city contractors in Carson, CA, may only inquire into criminal history after making a conditional offer of employment.

Adverse action implications:

  • Individualized assessment. This location requires employers to conduct an individualized assessment prior to sending a final adverse action notice.

Note: This law's requirements are in addition to the requirements imposed under California state law.

Compton, CA — Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Compton, CA.

Timing of inquiry: Public employers in Compton, CA, may only inquire into criminal history after making a conditional offer of employment.

Adverse action implications:

* Individualized assessment. This location requires the employer to conduct an individualized assessment prior to sending a final adverse action notice.

Note: This law's requirements are in addition to the requirements imposed under California state law.

Oakland, CA — Public Sector

Who must follow: This ban-the-box law applies only if you are a public-sector employer in Oakland, CA.

Timing of inquiry: Public employers in Oakland, CA, may only inquire into criminal history after making a conditional offer of employment and determining the position warrants a background check.

Adverse action implications:

  • Pre-adverse action. The pre-adverse action process must inform applicants of the specific parts of the background check that may lead to final adverse action.
  • Individualized assessment. This location requires employers to conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action. The final adverse action notice must inform the applicant why they were denied employment. It must also state "past convictions disqualify candidate only for positions related to the convictions and that they may apply for other jobs with the city."

Note: This law's requirements are in addition to the requirements imposed under California state law.

Los Angeles, CA — Private Sector

Who must follow: This ban-the-box law applies to any private sector employer that is located or doing business in Los Angeles, CA, and that employs ten or more employees, including the owner or owners and management and supervisorial employees.

Timing of inquiry: Employers may only inquire into criminal history after making a conditional offer of employment.

Adverse action implications:

  • Pre-adverse action. Employers must provide a copy of the initial assessment to the candidate along with the pre-adverse action notice.
  • Individualized assessment. Employers in Los Angeles must conduct an initial assessment of criminal records and communicate it to a candidate prior to taking final adverse action. This initial assessment must evaluate the specific aspects of the applicant’s criminal history with risks inherent in the duties of the employment position sought. In performing the assessment, the employer shall, at a minimum, consider the factors identified by the U.S. EEOC and other factors as may be required by rules and guidelines promulgated by the DAA (Department of Public Works, Bureau of Contract Administration).
  • Waiting period. Employers must give applicants five business days to provide rebuttal documentation and you hold the job open for this time.
  • Consideration of rebuttal information. If the applicant provides any rebuttal information, employers must consider the information and perform a written reassessment of the proposed adverse action. If, after performing the reassessment of the proposed adverse action, the employer takes adverse action against the applicant, the employer must notify the applicant of the decision and provide a copy of the written reassessment.
  • Final adverse action. Reassessment, if conducted, must be documented and provided to the candidate with the final adverse action notice.

Note: This law's requirements are in addition to the requirements imposed under California state law.

Richmond, CA - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer OR an employer who is a city financial assistance recipient, lessee, or a contractor or subcontractor and who employs ten or more full-time employees.

Timing of inquiry: Public sector employers may only inquire into criminal history if required to do so by law or if justified by business necessity. City contractors, subcontractors, vendors, and recipients of aid may only inquire into criminal history if required to do so by law. In the event the law requires an inquiry, the employer may only do so after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment. Public sector employers must conduct an individualized assessment prior to sending a final adverse action notice. The assessment must be included with the pre-adverse action notice.
  • Final adverse action. The final adverse action process must inform the candidate how the convictions leading to rejection are related to the job.

Note: This law's requirements are in addition to the requirements imposed under California state law.

San Francisco, CA — Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City or County of San Francisco.

Timing of inquiry: Public sector employers in San Francisco, CA, and San Francisco County may only inquire into criminal history after a candidate has been deemed a finalist.

Note: This law's requirements are in addition to the requirements imposed under California state law.

San Francisco, CA — Private Sector

Who must follow: This ban-the-box law applies if you are a private sector employer located in or doing business in the city or county of San Francisco, OR you are a contractor or subcontractor for the city or county. You must also have at least 20 employees, and the position being screened for must be performed in city or county.

Timing of inquiry: Private sector employers and city contractors with more than 20 employees may not inquire into criminal history on the job application.

Consideration of records: San Francisco's Fair Chance Ordinance also prohibits covered employers from ever considering the following:

  1. An arrest not leading to a conviction, except for unresolved arrests.
  2. Participation in a diversion or deferral of judgment program.
  3. A conviction that has been dismissed, expunged, otherwise invalidated, or inoperative.
  4. A conviction in the juvenile justice system.
  5. An offense other than a felony or misdemeanor, such as an infraction.
  6. A conviction that is more than 7 years old (unless the position being considered supervises minors or dependent adults)

Adverse action implications:

  • Individualized assessment: Employers must conduct an individualized assessment prior to sending a final adverse action notice.
  • Pre-adverse action: The pre-adverse action process must inform applicants of the specific parts of the background check that may lead to final adverse action.
  • Waiting period: You must wait at least seven calendar days between sending pre-adverse action and final adverse action notices. If the applicant provides rebuttal information or evidence of rehabilitation within those seven days, you must wait a "reasonable time" before taking final adverse action. We suggest waiting another full seven calendar days.

Note: This law's requirements are in addition to the requirements imposed under California state law.

San Francisco, CA – Public And Private Sector

Parity in Pay Ordinance

Effective Date: July 1, 2018

Who must follow: This background screening law applies to all employers, whether public or private, who are registered to do business in the city, including contractors and subcontractors that contract with the city. The protections of the law are afforded to applicants applying for jobs performed in the geographic boundaries of the city, and whose application, in whole or in part, will be solicited, received, processed or considered in the city.

Requirements: An employer may not inquire into an applicant’s salary history, or use salary history as a factor when determining whether or not to hire an applicant. Additionally, an employer may not use prior salary history when determining what salary to offer a candidate. If a candidate refuses to provide salary history, that refusal cannot be used as a basis for rejecting the applicant. While an applicant can still voluntarily disclose prior salary, salary history by itself cannot be used to justify paying an applicant less for substantially similar work. An employer cannot release salary history of a current or former employee without written authorization of the employee.

Colorado

  • Local ban-the-box laws
Colorado
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

County Laws

Denver, CO - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City or County of Denver.

Timing of inquiry: Public sector employers for the City or County of Denver may only inquire into criminal history after a conditional offer has been made.

Adverse action implications:

  • Pre-adverse action: The pre-adverse action process must inform the applicant of the specific parts of the background check that may lead to final adverse action.
  • Individualized assessment: Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

Connecticut

  • State ban-the-box laws
  • Local ban-the-box laws
Connecticut
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public and Private Sector

Who must follow: This ban-the-box law applies to all employers in Connecticut.

Timing of inquiry: Employers in Connecticut may not inquire into criminal history on the job application form.

Adverse action implications:

  • Consideration of records. Employers are prohibited from rejecting an applicant or terminating an employee because of erased records and a prior conviction for which the individual has received a provisional pardon or certificate of rehabilitation pursuant to Conn. Gen. Stat. § 54-130a, or a certificate of rehabilitation pursuant to Conn. Gen. Stat. § 54-108f.
  • Final adverse action notice. Your final adverse action notice must inform the candidate of what information in the background check led to final adverse action and why.
See Law

County Laws

Bridgeport, CT - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Bridgeport, CT and are hiring civil service applicants.

Timing of inquiry: Public sector employers for the City of Bridgeport may only inquire into criminal history after the candidate has applied and been deemed eligible to complete the Civil Service Exam.

Adverse action implications:

  • Individualized assessment. This location requires the employer to conduct an individualized assessment prior to sending a final adverse action notice.
  • Waiting period: You must wait 10 full calendar days between sending a pre-adverse action notice and the final adverse action notice.

Note: This law's requirements are in addition to the requirements imposed under Connecticut state law.

Hartford, CT - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer or vendor for the City of Hartford, CT.

Timing of inquiry: Public sector employers and vendors for the City of Hartford may only inquire into criminal history when required by law or when warranted due to the sensitive nature of the position. When required or warranted, such inquiry may only be made after a conditional offer of employment.

Adverse action implications:

  • Pre-adverse action. The pre-adverse action process must inform candidates what parts of the background check may lead to final adverse action.
  • Waiting period. You must wait 7 business days between sending a pre-adverse action notice and the final adverse action notice.
  • Individualized assessment. Employers covered under this law must conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action. The final adverse action process must inform candidates of the specific parts of the report that lead to adverse action.

Note: This law's requirements are in addition to the requirements imposed under Connecticut state law.

New Haven, CT - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer or vendor for the City of New Haven, CT.

Timing of inquiry: Public sector employers and vendors for the City of New Haven may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Pre-adverse action notice. Along with your pre-adverse action notice, you must provide the background check with a highlight(s) of the particular conviction(s) that may warrant final adverse action.
  • Waiting period. After a candidate receives the pre-adverse action notice, you must provide 10 additional business days to respond with a rebuttal or mitigating information.
  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice. The individualized assessment should take into consideration any information provided by the applicant.

Note: This law's requirements are in addition to the requirements imposed under Connecticut state law.

Delaware

No state or local ban-the-box laws

Delaware
Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in Delaware and no additional adverse action requirements beyond the FCRA.

Florida

  • Local ban-the-box laws
Florida
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

County Laws

Broward County, FL - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for Broward County, FL.

Timing of inquiry: Public sector employers for Broward County may only inquire into criminal history after the candidate has been selected as a finalist and interviewed.

Adverse action implications:

  • Individualized assessment. Employers covered under this law must conduct an individualized assessment prior to sending a final adverse action notice.
  • Pre-adverse action notice: Include the individualized assessment with the pre-adverse action notice, inform the candidate how the criminal history relates to the job, and why the criminal history was determined to be inconsistent with business necessities.

Clearwater, FL - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Clearwater, FL.

Timing of inquiry: Public sector employers for the City of Clearwater may only inquire into criminal history after the interview, but prior to hiring.

Adverse action implications:

  • Individualized assessment. This location requires employers to conduct an individualized assessment prior to sending a final adverse action notice.

Daytona Beach, FL - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Daytona Beach, FL.

Timing of inquiry: Public sector employers for the City of Daytona Beach may only inquire into criminal history after it has expressed a desire to hire the individual.

Adverse action implications: None

Fort Myers, FL - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Fort Myers, FL.

Timing of inquiry: Public sector employers for the City of Fort Myers may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

Gainesville, FL - public sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Gainesville, FL.

Timing of inquiry: Public sector employers for the City of Gainesville may only inquire into criminal history after a verbal offer of employment has been made.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

Jacksonville, FL - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Jacksonville, FL.

Timing of inquiry: Public sector employers for the City of Jacksonville only inquire into criminal history as part of the post-offer new hire process.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

Miami Dade County, FL - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the County of Miami-Dade, FL.

Timing of inquiry: Public sector employers for Miami-Dade County may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action notice. The final adverse action process must inform the applicant which parts of the report led to final adverse action.

Orlando, FL - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Orlando, FL.

Timing of inquiry: Public sector employers for Miami-Dade County may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action notice. The final adverse action process must inform the applicant which parts of the report led to final adverse action.

Pompano Beach, FL - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Pompano Beach, FL.

Timing of inquiry: Public sector employers for the City of Pompano Beach may only inquire into criminal history after the initial interview.

Adverse action implications:

  • Individualized assessment. This location requires employers to conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action notice. The final adverse action process must inform the applicant which parts of the report led to final adverse action.

Sarasota, FL - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Sarasota, FL.

Timing of inquiry: Public sector employers for the City of Sarasota may only inquire into criminal history at the final phase of the selection process.

Adverse action implications:

  • Individualized assessment. This location requires the employer to conduct an individualized assessment prior to sending a final adverse action notice.

St. Petersburg, FL - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of St. Petersburg, FL.

Timing of inquiry: Public sector employers for the City of St. Petersburg may not inquire into criminal history on the application.

Adverse action implications: None

Tampa, FL - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Tampa, FL.

Timing of inquiry: Public sector employers for the City of Sarasota may only inquire into criminal history after a conditional offer.

Adverse action implications: None

Tallahassee, FL - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Tallahassee, FL.

Timing of inquiry: Public sector employers for the City of Sarasota may only inquire into criminal history after a conditional offer.

Adverse action implications: None

Georgia

  • State ban-the-box laws
  • Local ban-the-box laws
Georgia
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the State of Georgia.

Timing of inquiry: Public sector employers for the state of Georgia may not inquire into criminal history on job applications. 

Adverse action implications: None

See Law

County Laws

Albany, GA - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Albany, GA.

Timing of inquiry: Public sector employers for the city of Albany may only inquire into criminal history at the first interview.

Individualized assessment: Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

Final adverse action: The final adverse action process must inform the applicant which parts of the report led to final adverse action.

Atlanta, GA - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the city of Atlanta, GA.

Timing of inquiry: Public sector employers for the city of Atlanta may only inquire into criminal history once the candidate has completed the second interview, or until deemed qualified.

Adverse action implications:

  • Final adverse action. The final adverse action process must inform the applicant which parts of the report led to final adverse action.

Augusta, GA - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the city of Augusta, GA, or for Augusta-Richmond County, GA.

Timing of inquiry: Public sector employers for the city of Augusta may only inquire into criminal history after the candidate is selected as a finalist.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

Cherokee County, GA - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for Cherokee County, GA.

Timing of inquiry: Public sector employers for Cherokee County may only inquire into criminal history after the first interview.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

Columbus, GA - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Columbus, GA.

Timing of inquiry: Public sector employers for Columbus, GA may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action. The final adverse action process must inform the applicant which parts of the report led to final adverse action.

Fulton County, GA - Public Sector

Who must follow: This ban-the-box policy applies only if you are a public sector employer for Fulton County, GA.

Timing of inquiry: Public sector employers for Fulton County may only inquire into criminal history after the first interview.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action. The final adverse action process must inform the applicant which parts of the report led to final adverse action.

Macon Bibb County, GA - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for Macon Bibb County, GA.

Timing of inquiry: Public sector employers for Macon Bibb County may only inquire into criminal history after the applicant has been deemed qualified for the position. They may not inquire prior to the first interview.

Adverse action implications:

  • Final adverse action. The final adverse action process must inform the applicant which parts of the report led to final adverse action.

Hawaii

  • State ban-the-box laws
Hawaii
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public and Private Sector

Who must follow: This ban-the-box law applies to all employers in Hawaii.

Timing of inquiry: Employers in Hawaii may only inquire into criminal history after a conditional offer.

Consideration of records: Employers may only inquire into convictions and pending cases.

Adverse action implications: None

See Law

Idaho

No state or local ban-the-box laws

Idaho
Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in Idaho and no additional adverse action requirements beyond the FCRA as of the latest update. 

Illinois

  • State ban-the-box laws
  • Local ban-the-box laws
Illinois
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Private Sector

Who must follow: This ban-the-box law applies only to private employers in Illinois with 15 or more employees or employment agencies in Illinois.

Timing of inquiry: Private employers in Illinois may only inquire into criminal history after the applicant has been selected for an interview or, if there is no interview, until after a conditional offer.

Adverse action implications: 

  • Consideration of records: Under a different law, 775 ILCS 5/2-103, employers cannot inquire into or use the fact of an arrest, or a record ordered expunged, sealed, or impounded, as a basis for adverse action.
See Law

State Laws — Public Sector

Who must follow: This ban-the-box law applies only to public-sector employers for the State of Illinois.

Timing of inquiry: Private employers in Illinois may only inquire into criminal history after the applicant has been selected for an interview or, if there is no interview, until after a conditional offer.

Adverse action implications:

  • Individualized assessment: This location requires the employer to conduct an individualized assessment prior to sending a final adverse action notice.
  • Consideration of records: Under a different law, 775 ILCS 5/2-103, employers cannot inquire into or use the fact of an arrest, or a record ordered expunged, sealed, or impounded, as a basis for adverse action.
See Law

County Laws

Chicago, IL - Public and Private

Who must follow: This ban-the-box law applies to public employers for the City of Chicago and private employers located in Chicago who are not subject to the Job Opportunities for Qualified Applicants Act.

Timing of inquiry: Employers may only inquire into criminal history after the candidate is notified of the first interview, or if there is no interview, after a conditional offer.

Adverse action implications:

  • Individualized assessment. This location requires a public sector, city employer to conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action. All employers, public or private, must inform candidates of the reason for adverse action as part of the final adverse action process.

Consideration of records: Under a different law, 775 ILCS 5/2-103, employers cannot inquire into or use the fact of an arrest, or a record ordered expunged, sealed, or impounded, as a basis for adverse action.

Credit History Restriction: Employers may not inquire into credit history when making an employment decision, unless the information is a bona fide occupational requirement for the position.

Indiana

  • State ban-the-box laws
Indiana
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Private Sector

Indiana state law prohibits any county, city, or town from passing its own ban-the-box law as of July 1, 2017. Private employers in Indianapolis that provide services to the City of Indianapolis may resume inquiring into criminal history prior to a conditional offer of employment.


State Laws — Public Sector

Who must follow: This ban-the-box executive order applies to public sector positions in the state's Executive Branch.

Timing of inquiry: Applications for Executive Branch positions will not inquire about criminal history or convictions unless conviction of a particular crime precludes that person from employment in that specific job. A background check may be conducted at a later stage in the hiring process.

See Law

Iowa

No state or local ban-the-box laws

Iowa
Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in Iowa and no additional adverse action requirements beyond the FCRA as of the latest update. 

Kansas

  • Local ban-the-box laws
Kansas
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

County Laws

Johnson County, KS - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Johnson County, KS.

Timing of inquiry: Public sector employers for Johnson County may only inquire into criminal history after a conditional offer.

Adverse action implications: None

Kansas City, KS and Wyandotte County - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Kansas City and Wyandotte County, KS.

Timing of inquiry: Public sector employers for Kansas City and Wyandotte County may not inquire into criminal history on the job application.

Adverse action implications:Individualized assessment:

  • Individualized assessment: Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

Topeka, KS - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Topeka, KS.

Timing of inquiry: Public sector employers for the City of Topeka may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment: Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

Wichita, KS - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Wichita.

Timing of inquiry: Public sector employers for the city of Wichita may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment: Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

Kentucky

  • State ban-the-box laws
  • Local ban-the-box laws
Kentucky
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer in the executive branch for the State of Kentucky.

Timing of inquiry: Public sector, executive branch employers may only inquire into criminal history after contacting the applicant to offer an interview for the position.

Adverse action implications: None

See Law

County Laws

Louisville, KY - Public Sector 

Who must follow: This ban-the-box law applies only if you are a public sector employer, or a city vendor, for the City of Louisville, KY.

Timing of inquiry: Public sector employers and vendors for the City of Louisville may only inquire into criminal history after the applicant has been deemed qualified.

Adverse action implications:

  • Individualized assessment: Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

Louisiana

  • State ban-the-box laws
  • Local ban-the-box laws
Louisiana
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the State of Louisiana and you are hiring for an "unclassified" position.

Timing of inquiry: Public sector employers for the state of Louisiana may only inquire into criminal history after the first interview, or if no interview is conducted, after a conditional offer.

Adverse action implications:

  • Individualized assessment recommended. The statute doesn't require an individualized assessment but states that an employer "may" consider the nature and gravity of the criminal conduct, the time passed since the criminal conduct, and the bearing the criminal conduct will have on the ability of the employee to perform duties and functions of the role. We encourage employers to perform an individualized assessment in light of this.
See Law

County Laws

Baton Rouge, LA - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Baton Rouge, LA.

Timing of inquiry: Public sector employers for the City of Baton Rouge may not inquire into criminal on the job application.

Adverse action implications: None

New Orleans, LA - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of New Orleans.

Timing of inquiry: Public sector employers for the City of New Orleans may only inquire into criminal history after the candidate has been interviewed and deemed qualified.

Adverse action implications:

  • Pre-adverse action. Once the background check is complete and provided to the employer, the employer must provide the applicant a copy along with an enclosure letter allowing the applicant to comment on the report.
  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action. Employers must use the template form provided by the city of New Orleans

Maine

No state or local ban-the-box laws

Maine
Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in Maine and no additional adverse action requirements beyond the FCRA as of the latest update. 

Maryland

  • State ban-the-box laws
  • Local ban-the-box laws
Maryland
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public Sector

Who must follow: This ban-the-box law applies only if you are public employer for the State of Maryland.

Timing of inquiry: Public employers for the State of Maryland may only inquire into criminal history after the applicant has been provided an opportunity for an interview.

Adverse action implications: None

See Law

County Laws

Baltimore, MD - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Baltimore, MD.

Timing of inquiry: Public employers for the City of Baltimore may only inquire into criminal history at the final stages of the hiring process and if the position is considered "a position of trust."

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

Baltimore, MD - Public and Private Sector

Who must follow: This ban-the-box law applies to all employers in the city of Baltimore, both public and private, who have at least 10 employees.

Timing of inquiry: Employers in Baltimore may only inquire into criminal history after a conditional offer.

CAUTION: Violation of this ordinance is a criminal misdemeanor and a fine is imposed.

Adverse action implications: None

Montgomery County, MD - Public and Private Sector

Who must follow: This ban-the-box law applies to all employers in Montgomery County, MD, with 15 or more full-time employees.

Timing of inquiry: Employers in Montgomery County may not inquire into criminal history until after the first interview.

Adverse action implications:

  • Pre-adverse action. The pre-adverse action process must inform the applicant which records may lead to final adverse action.
  • Waiting period. Employers covered by this law must wait 7 days between sending a pre-adverse action notice and the final adverse action notice. If the candidate provides rebuttal information, you must wait a reasonable time before taking final AA. We recommend waiting another 7 days.

Prince George's County, MD - Public and Private Sector

Who must follow: This ban-the-box law applies to all employers, both public and private, doing business in Prince George's County that employ at least 25 people in the county.

Timing of inquiry: Employers in Prince George's County may not inquire into criminal history until after the first interview.

Adverse action implications:

  • Pre-adverse action. Your pre-adverse action notice must state which records may lead to final adverse action.
  • Holding job open. If within 3 days after providing the pre-adverse action notice to the applicant, the applicant gives notice of inaccuracy on the report, the employer must delay final adverse action for a reasonable period and reconsider the final adverse action in light of the information.
  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

Massachusetts

  • State ban-the-box laws
  • Local ban-the-box laws
Massachusetts
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public and Private Sector

Who must follow: This ban-the-box law and respective background screening requirements apply to all employers in Massachusetts, both public and private.

NOTICE! CORI Policy Required: A person who annually conducts 5 or more criminal background investigations, whether criminal offender record information is obtained from the Department of Criminal Justice Information Services or any other source, including a commercial Consumer Reporting Agency, must have a written criminal offender record information (CORI) policy stating that it will: (i) notify the applicant of the potential adverse decision based on the criminal offender record information; (ii) provide a copy of the criminal offender record information and the policy to the applicant; and (iii) provide information concerning the process for correcting a criminal record.

Adverse action implications:

  • Pre-adverse action. Employers must identify the specific information in the report that is the basis for the potential adverse action, even when criminal history information is obtained from a source other than the State's DCJIS CORI system. This means that even employers using a commercial CRA must comply. You must also provide a copy of your CORI policy along with the pre-adverse action notice. Employers using the STATE CORI system to obtain criminal record information must also provide to the candidate a copy of "DCJIS Information Concerning the Process in Correcting a Criminal Record."

County Laws

Boston, MA — Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer or vendor for the City of Boston, MA, and use the state's CORI system to obtain criminal record information. City employers and vendors who do not use the electronic CORI system should consult counsel to discuss the background screening laws applicable to them.

Timing of inquiry: Public sector employers and vendors may not inquire into criminal history unless required by law or the relevant position is of such sensitivity that a screen is warranted. In the case a screen is warranted, employers may only inquire into criminal history after the applicant is deemed otherwise qualified.

Adverse action implications:

  • Pre-adverse action. You must provide you applicant with a copy of your CORI policy, the background report, and specify what in the report could lead to final adverse action.
  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action: You must inform the applicant of the specific reasons for final adverse action.

Note: These requirements are in ADDITION to the requirements under Massachusetts state law.

Cambridge, MA — Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer or vendor for the City of Cambridge, MA.

Timing of inquiry: Public sector employers and vendors for the city of Cambridge may only inquire into criminal history after the applicant is found to be "otherwise qualified"

Adverse action implications:

  • Pre-adverse action. Employers covered by this law must provide applicants with a copy of their CORI policy, the background report, and notice of what in the report could lead to final adverse action.
  • Individualized assessment. Employers must conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action. The final adverse action process must inform the applicant of the specific reasons for final adverse action.

Note: These requirements are in ADDITION to the requirements under Massachusetts state law.

Worcester, MA - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer or vendor for the City of Worcester, MA.

Timing of inquiry: Public sector employers and vendors for the City of Worcester may only inquire into criminal history when required to do so by law or when the position is deemed "sensitive." If these criteria are met, the employer may only inquire into criminal history after it has determined that the applicant is otherwise qualified for the position and a conditional offer of employment has been made.

Report review: Any personnel responsible for reviewing the background check must be trained in reading and interpreting a CORI report. Such personnel shall be required to attend CORI training and be knowledgeable about educational materials made available by the CHSB.

Adverse action implications:

  • Pre-adverse action. Employers covered by this law must provide applicants with a copy of their CORI policy, the background report, and notice of what in the report could lead to final adverse action.
  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action. The final adverse action process must inform the applicant of the specific reasons for final adverse action.

Note: These requirements are in ADDITION to the requirements under Massachusetts state law.

Michigan

  • Local ban-the-box laws
Michigan
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

County Laws

Ann Arbor, MI - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Ann Arbor, MI.

Timing of inquiry: Public sector employers for the City of Ann Arbor may not inquire into criminal history until after the applicant is found "otherwise qualified" and a conditional offer is made.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

Detroit, MI - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers and vendors for the City of Detroit, MI. However, the requirements of vendors only apply when the vendor or contractor has a contract for at least $25,000.

Timing of inquiry: Public sector employers and vendors for the city of Detroit may not inquire into criminal history until the first interview or until the applicant is found to be otherwise qualified.

Adverse action implications: None

East Lansing, MI - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of East Lansing, MI.

Timing of inquiry: Public sector employers for the City of East Lansing may not inquire into criminal history until after the applicant is determined to be otherwise qualified.

Adverse action implications: None

Genesee County, MI - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Genesee County, MI.

Timing of inquiry: Public sector employers for Genesee County may only inquire into criminal records once a conditional offer is made.

Adverse action implications:

  • Pre-adverse action: An adverse action must not be finalized until the candidate has been offered the opportunity to discuss the circumstances of his or her criminal conviction.

Kalamazoo, MI - Public Sector and Vendors

Who must follow: This ban-the-box law applies only to public sector employers and vendors for the city of Kalamazoo, MI. However, restrictions apply to vendors and contractors only when they are bidding on City contracts over $25,000 or seeking tax abatements or loans.

Timing of inquiry: Public sector employers and vendors for the City of Kalamazoo may not inquire into criminal history on the job application.

Adverse action implications: None

Muskegon County - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Muskegon County, MI.

Timing of inquiry: Public sector employers and vendors for Muskegon County may not inquire into criminal history on the job application.

Adverse action implications: None

Minnesota

  • State ban-the-box laws
  • Local ban-the-box laws
Minnesota
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public and Private Sector

Note: Only the timing restrictions apply to the private sector.

Who must follow: This ban-the-box law applies to both public sector employers and licensing authorities located in Minnesota.

Timing of inquiry: Employers in Minnesota, whether public or private, may not inquire into criminal history until the applicant has been selected for an interview by the employer or, if there is not an interview before a conditional offer of employment is made.

Consideration of records: Public sector employers in the state of Minnesota are prohibited from inquiring into or using records of arrest not followed by a valid conviction, annulled or expunged convictions, and misdemeanor convictions for which no jail sentence can be imposed.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed for public-sector positions and positions for which a license is required.
  • Final adverse action notice. If a public sector employer or licensing authority denies an individual a position of public employment or disqualifies the person from an occupation for which a license is required, the hiring or licensing authority shall notify the individual in writing of the following:(1) the grounds and reasons for the denial or disqualification; (2) the applicable complaint and grievance procedure as set forth in section 364.06; (3) the earliest date the person may reapply for a position of public employment or a license; and (4) that all competent evidence of rehabilitation presented will be considered upon reapplication.
See Law

County Laws

Minneapolis, MN - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Minneapolis, MN.

Timing of inquiry: Public sector employers for the city of Minneapolis may only inquire into criminal history when the City has determined the position is of such sensitivity to warrant a check, and then, not until after the applicant is deemed otherwise qualified.

Adverse action implications:

  • Individualized assessment. This location requires the employer to conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action. If a hiring or licensing authority denies an individual a position of public employment or disqualifies the person from an occupation for which a license is required, the hiring or licensing authority shall notify the individual in writing of the following: (1) the grounds and reasons for the denial or disqualification; (2) the applicable complaint and grievance procedure as set forth in section 364.06; (3) the earliest date the person may reapply for a position of public employment or a license; and (4) that all competent evidence of rehabilitation presented will be considered upon reapplication.

NOTE: These requirements are in ADDITION to the requirements under Minnesota's state law.

St. Paul, MN - Public Sector

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of St. Paul.

Timing of inquiry: Public sector employers for the city of St. Paul may only inquire into criminal history when the City has determined the position is of such sensitivity to warrant a check, and then, not until after the applicant is deemed otherwise qualified.

Adverse action implications:

  • Individualized assessment. This location requires the employer to conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action. If a hiring or licensing authority denies an individual a position of public employment or disqualifies the person from an occupation for which a license is required, the hiring or licensing authority shall notify the individual in writing of the following: (1) the grounds and reasons for the denial or disqualification; (2) the applicable complaint and grievance procedure as set forth in section 364.06; (3) the earliest date the person may reapply for a position of public employment or a license; and (4) that all competent evidence of rehabilitation presented will be considered upon reapplication.

NOTE: These requirements are in ADDITION to the requirements under Minnesota's state law.

Mississippi

No state or local ban-the-box laws

Mississippi
Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in Mississippi and no additional adverse action requirements beyond the FCRA as of the latest update.

Missouri

  • State ban-the-box laws
  • Local ban-the-box laws
Missouri
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public Sector

Who must follow: This ban-the-box law applies only to public sector employers in the executive branch for the State of Missouri.

Timing of inquiry: Public sector employers in the executive branch for the State of Missouri may not inquire into criminal history on the job application.

Adverse action implications: None

See Law

County Laws

Columbia, MO - Public and Private Sector

Who must follow: This ban-the-box law applies to public and private sector employers in the City of Columbia, MO.

Timing of inquiry: Employers in Columbia, MO may only inquire into criminal history after a conditional offer of employment.

* Adverse action implications:

  • Individualized assessment suggested. While not required under the law, the ordinance suggests employers perform an individualized assessment prior to sending a final adverse action notice.

Jackson County, MO - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the Jackson County, MO.

Timing of inquiry: Public sector employers for Jackson County may only inquire into criminal history during the first interview or later.

Adverse action implications: None

Kansas City, MO - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Kansas City, MO.

Timing of inquiry: Public sector employers for Kansas City may only inquire into criminal history after it has been determined that the applicant is otherwise qualified for the position, and only after the applicant has been interviewed for the position.

Consideration of records: This ordinance states that employers may not consider non-convictions, expunged or annulled cases, pleas of guilty without formal conviction, suspended impositions of sentence, and misdemeanor convictions for which no jail sentence can be imposed.

Adverse action implications:

  • Individualized assessment. Employers covered under this law must conduct an individualized assessment prior to sending a final adverse action notice.

St Louis, MO - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of St. Louis, MO.

Timing of inquiry: Public sector employers for St. Louis may not inquire into criminal history on the job application, and may only screen for certain sensitive positions.

Adverse action implications:

  • Individualized assessment: Employers covered under this law must conduct an individualized assessment prior to sending a final adverse action notice.

Montana

No state or local ban-the-box laws

Montana
Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in Montana and no additional adverse action requirements beyond the FCRA as of the latest update.

Nebraska

  • State ban-the-box laws
Nebraska
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the State of Nebraska and its cities and counties.

Timing of inquiry: Public sector employers in Nebraska may not inquire into criminal history until after the employer has determined the applicant meets the minimum employment qualifications.

Adverse action implications: None

See Law

Nevada

  • Local ban-the-box laws
Nevada
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

County Laws

North Las Vegas, NV - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of North Las Vegas, NV.

Timing of inquiry: Public sector employers for the city of North Las Vegas may not inquire into criminal history on a job application.

Adverse action implications: None

New Hampshire

No state or local ban-the-box laws

New Hampshire
Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in New Hampshire and no additional adverse action requirements beyond the FCRA as of the lastest update.

New Jersey

  • State ban-the-box laws
New Jersey
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public and Private Sector

Who must follow: This ban-the-box law applies to all employers in the State of New Jersey who have at least 15 employees and either do business in, employ people in, or take applications for employment within the State of New Jersey.

Timing of inquiry: Employers in New Jersey may not inquire into criminal history until after the first interview.

Adverse action implications:

  • Consideration of records. Employers are prohibited from considering expunged or pardoned convictions when making an employment decision.
  • Pre-adverse action. As a best practice, employers should include New Jersey's Summary of Rights with each pre-adverse action notice.

NOTE: This state law preempts any other local or county ban-the-box law in New Jersey.

See Law

New Mexico

  • State ban-the-box laws
New Mexico
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the State of New Mexico and its cities and counties.

Timing of inquiry: Public sector employers for the State of New Mexico may only inquire into criminal history after the applicant has been named a finalist.

Consideration of records: This ban-the-box law prohibits public sector employers from considering records of arrest not followed by conviction and misdemeanor convictions not involving moral turpitude.

Final adverse action notice: Public sector employers must state in writing the reasons for a decision prohibiting the person from engaging in employment or obtaining a license when such decision is based, in part, on a criminal history inquiry.

See Law

New York

  • State ban-the-box laws
  • Local ban-the-box laws
New York
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public and Private Sector

Who must follow: This background screening law applies to all employers in the State of New York

Consideration of records: In compliance with Executive Law § 296 subdivision 16 (Human Rights Law) and the Family Court Act, employers are prohibited from asking at any time for applicants to disclose information about any arrest that resulted in a Youthful Offender Adjudication pursuant to Criminal Procedure Law § 720.35: any arrest that was processed as a Juvenile Delinquency proceeding in Family Court; any arrest that resulted in a sealing pursuant to Criminal Procedure Law (CPL) §160.50 or CPL § 160.55: any conviction that was sealed pursuant to CPL § 160.58, unless said inquiry is specifically required or permitted by New York State or federal law.

Adverse action implications: None


State Laws — Public Sector

Who must follow: This ban-the-box law applies only to public sector employers/agencies/licensing authorities for the state of New York.

Timing of inquiry: Public sector employers or licensing authorities for the state of New York may only inquire into criminal history after the first interview.

Adverse action implications:

  • Individualized assessment. Employers subject to this law must conduct an individualized assessment per the requirements of NY Corrections Law 23-A.
  • Candidate access to information: Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request.
See Law

State Laws — Public and Private Sector

Who must follow: NY Corrections Law 23-A applies to all employers in New York State.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed per the requirements of NY Corrections Law 23-A.
  • Candidate access to information: Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request.
See Law

County Laws

Albany County, NY - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Albany County, NY.

Timing of inquiry: Public sector employers for Albany County may only inquire into criminal history until after a conditional offer and when the position is of such sensitivity that an inquiry is warranted or required by law.

Adverse action implications:

  • Individualized assessment. This jurisdiction requires an individualized assessment be performed and shared with the candidate as part of the pre-adverse action process.
  • Pre-adverse action. Covered employers may only take adverse action against the applicant pursuant to New York Correction Law Article 23-A. The pre-adverse action process must inform the candidate which records are the basis for the potential adverse action and how to respond to your pre-adverse action notice. You must also include a copy of Article 23-A during the pre-adverse action process.
  • Waiting period. You must wait 20 business days between sending a pre-adverse action and the final adverse action notice unless the candidate provides additional information. If the candidate provides additional information after receiving a pre-adverse action notice, you must consider this information and wait an additional 10 business days from the receipt of that information.
  • Final adverse action. Your final adverse action notice must also include: A copy of the pre-adverse action notice and the applicant’s response to the notice (if provided); an explanation of why the applicant’s response to the pre-adverse action notice was not sufficient; and an adverse action appeal form.
  • Candidate access to information: Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.

NOTE: This law's requirements are in addition to the requirements imposed by New York state's requirements.

Buffalo, NY - Public Sector

Who must follow: This ban-the-box law applies only to all employers, whether public, private or city vendors, in Buffalo, NY, who have at least 15 employees.

Timing of inquiry: Employers in Buffalo, NY, may not inquire into criminal history prior to the first interview.

Adverse action implications:

  • Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
  • Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.

Note: This law's requirements are in addition to the requirements imposed by New York state's requirements.

Dutchess County, NY - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Dutchess County, NY.

Timing of inquiry: Public sector employers for Dutchess County may not inquire into criminal history on a job application, recruitment application or county exam.

Adverse action implications:

  • Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.

Note: This law's requirements are in addition to the requirements imposed by New York state's requirements.

Ithaca, NY - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Ithaca, NY.

Timing of inquiry: Public sector employers for Ithaca, NY may only inquire into criminal history when the candidate has been deemed a finalist.

Adverse action implications:

  • Individualized assessment: This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
  • Candidate access to information: Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.

Note: This law's requirements are in addition to the requirements imposed by New York state's requirements.

Kingston, NY - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Kingston, NY.

Timing of inquiry: Public sector employers for the city of Kingston may only inquire into criminal history during the first interview or later.

Adverse action implications:

  • Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
  • Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.

Newburgh, NY - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Newburgh, NY.

Timing of inquiry: Public sector employers for the city of Newburgh may only inquire into criminal history at the first interview or later.

Adverse action implications:

  • Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
  • Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.

Note: This law's requirements are in addition to the requirements imposed under New York state's requirements. 

New York City, NY - Public and Private Sector

Fair Chance Act

Who must follow: This ban-the-box law applies to all employers in the City of New York, NY, who have at least 4 employees (including owners), regardless of the location of their work.

Timing of inquiry: Public sector employers for the city of New York may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment. This jurisdiction requires an individualized assessment performed in compliance with NY Corrections Law 23-A. This assessment must be included with the pre-adverse action notice.
  • Pre-adverse action. Employers must:
    1. Provide a copy of the individualized assessment under NY Corrections Law 23-A with the pre-adverse action notice, along with a copy of any information relied on to determine an applicant has a criminal record. This is not limited to a criminal background check, and includes any information accessed online and independently. This information can include online search results, conversations with third parties, etc. The time and date you accessed the information must be included. Consider using the official Fair Chance Notice provided by the Commission on Human Rights
    2. Request additional information concerning rehabilitation or good conduct from candidates with criminal records
  • Holding job open. You must provide at least 3 business days from receipt of the pre-adverse action notice for the candidate to respond, and you cannot fill the role during this time.
  • Reassessment after changes to the background check. If the applicant demonstrates that the background check contained an error, employers must conduct the Article 23-A analysis again, based on the correct information. Employers must then follow the Fair Chance Process again, providing the applicant a copy of the corrected inquiry, the Article 23-A analysis, and 3 additional business days to respond.
  • Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.

Stop Credit Discrimination in Employment Act

Who must follow: This credit history restriction applies to all employers in the city of New York, NY who have at least 4 employees (including owners), regardless of the location of their work.

Timing of inquiry: Employers may not inquire into credit history for any reason unless the position being screened is exempt from the law. Review exemptions here.

If the candidate's role meets an exemption: You should inform applicants/employees of the exemption you believe applies and keep a record of the use of exemptions in employment practices for a period of five years from the date an exemption is used. Keeping an exemption log will help your company respond to Commission requests for information. Your exemption log should include the following: which exemption is claimed; how the applicant/employee fits into the exemption; qualifications of the applicant/employee for the position/promotion; name and contact information of applicant/employee; nature of the credit history information considered and a copy of such information; how the credit history information was obtained; and how credit history impacted employment action. Employers may be required to share their exemption logs with the Commission upon request. Prompt responses to Commission requests may help you avoid a Commission investigation into your practices.

Note: This law's requirements are in addition to the requirements imposed by New York state's requirements. See New York's requirements here.

Credit History Restriction: Employers may not inquire into credit history when making an employment decision unless the position falls under an exception listed under N.Y.C. Admin. Code 8-107(24).

Rochester, NY - Public and Private Sector

Who must follow: This ban-the-box law applies to all employers, both public and private, that employ people in any position for which the primary place of work is within the City of Rochester.

Timing of inquiry: Employers in Rochester may only inquire into criminal history after the first interview.

Adverse action implications:

  • Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
  • Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.

Note: This law's requirements are in addition to the requirements imposed by New York state's requirements.

Syracuse, NY - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers, licensing authorities, and contractors for the City of Syracuse, NY.

Timing of inquiry: Public sector employers for the city of Syracuse may only inquire into criminal history after a conditional offer, or, in the case of licensure, after the applicant is deemed "qualified" for a license.

Adverse action implications:

  • Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
  • Pre-adverse action. Employers are required to inform the candidate of the specific information in the background check that could lead to final adverse action.
  • Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.

Note: This law's requirements are in addition to the requirements imposed by New York state's requirements.

Tompkins County, NY - Public Sector

Who must follow: This ban-the-box law only applies to public sector employers for Tompkins County, NY.

Timing of inquiry: Public sector employers for Tompkins County may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
  • Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.

Note: This law's requirements are in addition to the requirements imposed by New York state's requirements.

Ulster County, NY - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Ulster County, NY.

Timing of inquiry: Public sector employers for Ulster, New York may only inquire into criminal history after the first interview.

Adverse action implications:

  • Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
  • Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.

Note: This law's requirements are in addition to the requirements imposed by New York state's requirements.

Woodstock, NY - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Woodstock, NY.

Timing of inquiry: Public sector employers for the city of Woodstock may not inquire into criminal history on the application.

Adverse action implications:

  • Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.

Note: This law's requirements are in addition to the requirements imposed by New York state's requirements.

Yonkers, NY - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Yonkers, NY.

Timing of inquiry: Public sector employers may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
  • Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.

Note: This law's requirements are in addition to the requirements imposed by New York state's requirements.

North Carolina

  • Local ban-the-box laws
North Carolina
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

County Laws

Asheville, NC - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Asheville, NC.

Timing of inquiry: Public sector employers for the city of Asheville, NC, may not inquire into criminal history during the initial job application process.

Adverse action implications: None

See Law
(Search for Resolution 16-29 and click "Minutes 2016-Jan-26.pdf")

Buncombe County, NC - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Buncombe County, NC.

Timing of inquiry: Public sector employers for Buncombe County, NC may not inquire into criminal history on the job application.

Adverse action implications: None

Carrboro, NC - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the Town of Carrboro, NC.

Timing of inquiry: Public sector employers for the Town of Carrboro may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment. This jurisdiction requires an individualized assessment prior to taking final adverse action.

Charlotte, NC - Public Sector

Who must follow: This ban-the-box law applies only to public sector employees for the city of Charlotte, NC.

Timing of inquiry: Public sector employers for the city of Charlotte may not inquire into criminal history on the job application.

Adverse action implications:

Individualized assessment. This location requires an individualized assessment prior to final adverse action.

Cumberland County, NC - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Cumberland County, NC.

Timing of inquiry: Public sector employers for Cumberland county may not inquire into criminal history on job applications.

Adverse action implications: None

Durham County, NC - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Durham County, NC.

Timing of inquiry: Public sector employers for Durham County, NC, may only inquire into criminal history after the candidate is deemed "otherwise qualified" and has been recommended for hire.

Adverse action implications:

Individualized assessment. This jurisdiction requires an individualized assessment prior to taking final adverse action.

Pre-adverse action. The pre-adverse action notice must state the deadline by which the applicant can submit proof that the report is erroneous or evidence of their rehabilitation or other information.

Waiting period. You must afford the applicant 7 calendar days from the date the pre-adverse action notice is mailed to contest the accuracy of the report, provide mitigating information or evidence of rehabilitation, etc.

Durham, NC - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Durham, NC.

Timing of inquiry: Public sector employers for the City of Durham, NC, may only inquire into criminal history after making a conditional offer.

Adverse action implications: None

Mecklenburg County, NC - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Mecklenburg County, NC.

Timing of inquiry: Public sector employers for Mecklenburg County may not inquire into criminal history on the job application.

Adverse action implications: None

Spring Lake, NC - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the Town of Spring Lake, NC.

Timing of inquiry: Public sector employers for the town of Spring Lake may only inquire into criminal history after an interview.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment prior to final adverse action.

Wake County, NC - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Wake County, NC.

Timing of inquiry: Public sector employers for Wake County may only inquire into criminal history after the applicant has been recommended for hire.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

North Dakota

No state or local ban-the-box laws

North Dakota
Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in North Dakota and no additional adverse action requirements beyond the FCRA as of the latest update. 

Ohio

  • State ban-the-box laws
  • Local ban-the-box laws
Ohio
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the state of Ohio, including cities and counties.

Timing of inquiry: Public sector employers in Ohio may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.
See Law

County Laws

Akron, OH - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Akron, OH.

Timing of inquiry: Public sector employers for the city of Akron may only inquire into criminal history once the applicant is certified for an interview.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

Note: This law's requirements are in addition to the State requirements for public employers. See Ohio's requirements here.

Alliance, OH - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Alliance, OH.

Timing of inquiry: Public sector employers for the city of Alliance may only inquire into criminal history when the position is one of public safety or one in which an individual comes into contact with money. In these cases, a criminal inquiry is only made after the candidate is selected as a finalist.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
  • Final adverse action: The final adverse action process must inform the applicant of specific reasons for AA.

Note: This law's requirements are in addition to the State requirements for public employers. See Ohio's requirements here.

Canton, OH - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Canton, OH, who must follow civil service rules.

Timing of inquiry: Public sector employers for the city of Canton may only inquire into criminal history.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

Note: This law's requirements are in addition to the State requirements for public employers. See Ohio's requirements here.

Cincinnati, OH - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Cincinnati, OH.

Timing of inquiry: Public sector employers for the city of Cincinnati may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
  • Pre-adverse action: Employers must give the candidate all information relied on when making the determination that information in the background check may be a basis for denying employment.
  • Waiting period: You must wait 10 business days between sending a pre-adverse action notice and sending a final adverse action notice.

Note: This law's requirements are in addition to the State requirements for public employers.

Cleveland, OH - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Cleveland, OH.

Timing of inquiry: Public sector employers for the city of Cleveland may only inquire into criminal history when a candidate is deemed a finalist.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

Note: This law's requirements are in addition to the State requirements for public employers.

Cuyahoga County, OH - Public Sector

Who must follow: This ban-the-box law applies only to public sector employees for Cuyahoga County, OH.

Timing of inquiry: Public sector employers for Cuyahoga County may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

Note: This law's requirements are in addition to the State requirements for public employers. See Ohio's requirements here.

Dayton, OH - Public Sector

Who must follow: This ban-the-box law applies to public sector employers for the city of Dayton, OH.

Timing of inquiry: Public sector employers for the city of Dayton may only inquire into criminal history after the candidate list has been narrowed.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
  • Final adverse action: Employers must inform the applicant of the specific reasons for final adverse action.

Note: This law's requirements are in addition to the State requirements for public employers.

Franklin County, OH - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Franklin County, OH.

Timing of inquiry: Public sector employers for the city of Akron may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

Note: This law's requirements are in addition to the State requirements for public employers.

Hamilton County, OH - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Hamilton County, OH.

Timing of inquiry: Public sector employers for Hamilton County, OH may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
  • Final adverse action: The final adverse action notice must inform the applicant of the specific reasons for the adverse action.

Note: This law's requirements are in addition to the requirements imposed under Ohio's state's requirements for public employers.

Lucas County, OH - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Lucas County, OH.

Timing of inquiry: Public sector employers for Lucas County may only inquire into criminal history after the applicant is selected as a finalist.

Adverse action implications: None

Note: This law's requirements are in addition to the requirements imposed under Ohio's state's requirements for public employers.

Massillon, OH - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Massillon County, OH who are subject to civil service rules.

Timing of inquiry: Public sector employers for Massillon County may only inquire into criminal history during the interview or later.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

Note: This law's requirements are in addition to the requirements imposed under Ohio's state's requirements for public employers.

Newark, OH - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Newark, OH.

Timing of inquiry: Public sector employers for the City of Newark may not inquire into criminal history on the job application.

Adverse action implications: None

Note: This law's requirements are in addition to the requirements imposed under Ohio's state's requirements for public employers.

Summit County, OH - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Summit County, OH.

Timing of inquiry: Public sector employers for Summit County may only inquire into criminal history if the position is security-sensitive, and then, only after the interview.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

Note: This law's requirements are in addition to the requirements imposed under Ohio's state's requirements for public employers.

Warren, OH - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Warren, OH.

Timing of inquiry: Public sector employers for the City of Warren may not inquire into criminal history on the job application.

Adverse action implications: None

Note: This law's requirements are in addition to the requirements imposed under Ohio's state's requirements for public employers.

Youngstown, OH - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Youngstown, OH.

Timing of inquiry: Public sector employers for the city of Youngstown may only inquire into criminal history after determining the applicant is qualified and is prepared to make an offer.

Adverse action implications: None

Note: This law's requirements are in addition to the requirements imposed under Ohio's state's requirements for public employers.

Oklahoma

  • State ban-the-box laws
Oklahoma
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public Sector

Who must follow: This ban-the-box law applies only to state agency employers for the state of Oklahoma.

Timing of inquiry: State agencies in Oklahoma may not inquire into criminal history on the job application unless a felony conviction would automatically render an applicant not qualified.

Adverse action implications: None

See Law

Oregon

  • State ban-the-box laws
  • Local ban-the-box laws
Oregon
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public and Private Sector

Who must follow: This ban-the-box law applies to all employers, both public and private, in the state of Oregon.

Timing of inquiry: Employers in Oregon may only inquire into criminal history after the initial interview, or if no interview is conducted, after a conditional offer of employment.

Adverse action implications: None

See Law 

County Laws

Multnomah County - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Multnomah County, OR.

Timing of inquiry: Public sector employers for Multnomah County may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment. This location requires employers to conduct an individualized assessment prior to final adverse action.

Portland, OR - Public and Private Sector

Who must follow: This ban-the-box law applies to all public sector employers for the city of Portland, OR, in addition to all private sector employers with at least 6 employees.

Timing of inquiry: Employers in the city of Portland may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment. This location requires employers to conduct an individualized assessment prior to final adverse action.
  • Final adverse action. If an employer rescinds a conditional offer of employment because of an applicant’s criminal history, the employer must notify the applicant of that decision promptly and in writing, identify the specific item of criminal history on which the rescission is based, and provide the source of that criminal history.

Pennsylvania

  • State ban-the-box laws
  • Local ban-the-box laws
Pennsylvania
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the State of Pennsylvania that are hiring for non-civil service positions falling under the governor's jurisdiction.

Timing of inquiry: Public sector employers for the state of Pennsylvania may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.
  • Consideration of records. Employers should only consider pending cases and felony and misdemeanor convictions. Non-convictions should not be used in the hiring decision, nor should Summary Offenses.
See Policy

State Laws — Public and Private Sector

Who must follow: This law applies to all employers in Pennsylvania, both public and private.

Adverse action implications:

  • Individualized assessment. All employers in Pennsylvania must assess whether convictions relate to the applicant's suitability for employment in the position for which the applicant has applied.
  • Consideration of records. Employers should only consider pending cases and felony and misdemeanor convictions. Non-convictions should not be used in the hiring decision, nor should summary offenses.
See Law

County Laws

Allegheny County, PA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Allegheny County, PA.

Timing of inquiry: Public sector employers for Allegheny County may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

Allentown, PA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Allentown, PA.

Timing of inquiry: Public sector employers for the city of Allentown, PA, may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action, in compliance with Pennsylvania state law.

Bethlehem, PA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Bethlehem, PA.

Timing of inquiry: Public sector employers for the city of Bethlehem may only inquire into criminal history once an applicant is found qualified and deemed a finalist.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

Lancaster, PA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Lancaster, PA.

Timing of inquiry: Public sector employers for the city of Lancaster may only inquire into criminal history after a candidate is deemed a finalist.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

Philadelphia, PA - Public and Private Sector

Who must follow: This ban-the-box law applies to all public and private sector employers who employ at least one person in Philadelphia, PA.

Timing of inquiry: Employers in the city of Philadelphia may only inquire into criminal history after a conditional offer of employment.

Consideration of records: The City of Philadelphia prohibits employers from considering criminal convictions that occurred more than 7 years from the date of the inquiry. Employers may add to the 7-year period any time of actual incarceration served because of the offense.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.
  • Pre-adverse action. The pre-adverse action process must provide an explanation as to why disqualification is being considered and must highlight all convictions supporting potential adverse action.
  • Waiting period. You must wait 10 business days between sending a pre-adverse action notice and sending a final adverse action notice.
  • Final adverse action. Your final adverse action process must inform the candidate of what specifically in the report lead to final adverse action.
  • Additional disclosure for public-sector city employers: If an applicant for city employment has a conviction within the past 7 years, employers must provide the following notice to the candidate: "If you can show that you were not incarcerated for this conviction at any point in the seven years prior to date of report, the city will not consider the conviction in reviewing your application for employment. You are invited to meet with the HR manager to discuss your record and submit information rebutting the criminal record within 10 business days of this notice."

 

Credit History Restriction: Employers may not inquire into credit history when making an employment decision, unless the position falls under an exception listed under Philadelphia's Fair Practices Ordinance (Phil. Code Chapter 9-1100 et seq).

Pittsburgh, PA - Public Sector

Who must follow: This ban-the-box law applies only to city contractors and public sector employers for the city of Pittsburgh, PA.

Timing of inquiry: Public sector employers and city contractors may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action, in compliance with Pennsylvania state law.

Reading, PA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Reading, PA.

Timing of inquiry: Public sector employers for the city of Reading may only inquire into criminal history after a conditional offer of employment.

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action, in compliance with Pennsylvania state law.
See Details

Rhode Island

  • State ban-the-box laws
  • Local ban-the-box laws
Rhode Island
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public and Private Sector

Who must follow: This ban-the-box law applies to all public sector employers for the state of Rhode Island and all private sector employers in Rhode Island who have at least 4 employees.

Timing of inquiry: Employers in the state of Rhode Island may only inquire into criminal history during the first interview with the applicant or later.

Adverse action implications: None

See Law

County Laws

Providence, RI - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Providence, RI.

Timing of inquiry: Public sector employers for the city of Providence may not inquire into criminal history on the job application.

Adverse action implications: None

South Carolina

  • Local ban-the-box Laws
South Carolina
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

County Laws

Spartanburg, SC - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Spartanburg, SC.

Timing of inquiry: Public sector employers for Spartanburg may not inquire into criminal history on the job application.

Adverse action implications: None

York County, SC - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for York County, SC.

Timing of inquiry: Public sector employers for York County may only inquire into criminal history after a conditional offer of employment.

Adverse action implications: None

South Dakota

No state or local ban-the-box laws

South Dakota
Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in South Dakota and no additional adverse action requirements beyond the FCRA as of the latest update. 

Tennessee

  • State ban-the-box laws
  • Local ban-the-box laws
Tennessee
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the state of Tennessee.

Timing of inquiry: Public sector employers for the state of Tennessee may not inquire into criminal history on the job application.

Adverse action implications:  

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.
See Law

County Laws

Chattanooga, TN - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Chattanooga, TN.

Timing of inquiry: Public sector employers for the city of Chattanooga may only inquire into criminal history after the candidate has submitted the job application.

Adverse action implications: None

Hamilton County, TN - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Hamilton County, TN.

Timing of inquiry: Public sector employers for Hamilton County may only inquire into criminal history after a conditional offer of employment.

Adverse action implications: None

Memphis, TN - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Memphis, TN.

Timing of inquiry: Public sector employers for the city of Memphis may only inquire into criminal history after the applicant has been deemed "otherwise qualified."

Adverse action implications:

  • Pre-adverse action. Employers must highlight convictions in the background check that warrant a denial of employment and send the report to candidate along with the pre-adverse action notice.
  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.
  • Waiting period. The applicant shall have 10 business days after receipt of the pre-adverse action notice to respond and provide rebuttal information. The city must review all information prior to taking final adverse action.

Nashville, TN - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Nashville, TN, who are subject to Metro Civil Service Commission rules (non-public safety positions).

Timing of inquiry: Public sector employers for the city of Nashville who are subject to civil service rules may not inquire into criminal history on the job application.

Adverse action implications: None

Texas

  • Local ban-the-box Laws
Texas
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

County Laws

Austin, TX - Public and Private Sector

Who must follow: This ban-the-box law applies to public sector employers for the City of Austin, TX, and to private sector employers with at least 15 employees whose primary work location is in the city.

Timing of inquiry: Public sector employers may not inquire into criminal history on the job application. Private sector employers in Austin may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.
  • Final adverse action. This notice must state that final adverse action was based on criminal history if results of the background check led to final adverse action.

Dallas County, TX - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Dallas County, TX.

Timing of inquiry: Public sector employers for Dallas County may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

San Antonio, TX - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of San Antonio, TX.

Timing of inquiry. Public sector employers for the city of San Antonio may only inquire into criminal history after a conditional job offer.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

Travis County, TX - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Travis County, TX.

Timing of inquiry: Public sector employers for Travis County may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

Utah

  • State ban-the-box laws
Utah
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the State of Utah, including counties and municipalities in the state.

Timing of inquiry: Public sector employers for the state of Utah may only inquire into criminal history during the initial interview or later; or, if no interview is conducted, until a conditional offer of employment.

Adverse action implications: None

See Details

Vermont

  • State ban-the-box laws
Vermont
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public and Private Sector

Who must follow: This ban-the-box law applies to all employers doing business in or operating in Vermont.

Timing of inquiry: Employers in Vermont may only inquire into criminal history during an interview or once the prospective employee has been deemed "otherwise qualified" for the position.

Adverse action implications: None

See Law

Virgina

  • State ban-the-box laws
  • Local ban-the-box laws
Virginia
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the State of Virginia (all agencies, boards, and commissions within the executive branch of government subject to the authority of the Governor).

Timing of inquiry: Public sector employers for the state of Virginia may only inquire into criminal history after the applicant is deemed "otherwise eligible" and is being considered for a specific position.

Adverse action implications

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
See Law

County Laws

Alexandria, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Alexandria, VA.

Timing of inquiry: Public sector employers for the city of Alexandria may only inquire into criminal history after a conditional offer of employment.

Adverse action implications: None

Arlington County, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Arlington County, VA.

Timing of inquiry: Public sector employers for Arlington County may only inquire into criminal history during or after the first interview.

Adverse action implications: None

Blacksburg, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the town of Blacksburg, VA.

Timing of inquiry: Public sector employers for the town of Blacksburg may only inquire into criminal history after the applicant has been deemed the best candidate for the position.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

Charlottesville, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Charlottesville, VA.

Timing of inquiry: Public sector employers for the city of Charlottesville may not inquire into criminal history on the job application.

Adverse action implications: None

Danville, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Danville, VA.

Timing of inquiry: Public sector employers for the city of Danville may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

Fairfax County, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Fairfax County, VA.

Timing of inquiry: Public sector employers may only inquire into criminal history after a conditional offer of employment.

Adverse action implications: None

Fredericksburg, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Fredericksburg, VA.

Timing of inquiry: Public sector employers for the city of Fredericksburg may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
  • Final adverse action: If you deny an application, you must provide a written notice that includes a description of the disqualifying information, as well as the name of the background check company that ran the report.

Harrisonburg, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Harrisonburg, VA.

Timing of inquiry: Public sector employers for the city of Harrisonburg may only inquire into criminal history after a conditional offer of employment.

Adverse action implications: None

Henry County, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Henry County, VA.

Timing of inquiry: Public sector employers for Henry County may not inquire into criminal history on the job application.

Adverse action implications: None

Montgomery County, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Montgomery County, VA.

Timing of inquiry: Public sector employers for Montgomery County may not inquire into criminal history on the job application.

Adverse action implications: None

Newport News, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Newport News, VA.

Timing of inquiry: Public sector employers for the city of Newport News may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

Norfolk, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Norfolk, VA.

Timing of inquiry: Public sector employers for the city of Norfolk may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

Petersburg, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Petersburg, VA.

Timing of inquiry: Public sector employers for the city of Petersburg may only inquire into criminal history after a conditional offer of employment.

Adverse action implications: None

Portsmouth, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Portsmouth, VA.

Timing of inquiry: Public sector employers for the Portsmouth County may not inquire into criminal history on the job application.

Adverse action implications: None

Prince William County, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Prince William County, VA.

Timing of inquiry: Public sector employers for Prince William County may only inquire into criminal history after an applicant has completed the interview process.

Adverse action implications: None

Richmond, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Richmond, VA.

Timing of inquiry: Public sector employers for the city of Richmond may not inquire into criminal history on the job application.

Adverse action implications: None

Roanoke, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Roanoke, VA.

Timing of inquiry: Public sector employers for the city of Roanoke may not inquire into criminal history on the job application.

Adverse action implications: None

Staunton, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Staunton, VA.

Timing of inquiry: Public sector employers for the city of Staunton may only inquire into criminal history after an interview.

Adverse action implications: None

Virginia Beach, VA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Virginia Beach, VA.

Timing of inquiry: Public sector employers for the city of Virginia Beach may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

Washington

  • Local ban-the-box laws
Washington
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

County Laws

Pierce County, WA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Pierce County, WA.

Timing of inquiry: Public sector employers for Pierce County may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment. This location requires employers to conduct an individualized assessment prior to final adverse action.

Seattle, WA - Public and Private Sector

Who must follow: This ban-the-box law applies to both public sector employers for the City of Seattle, WA, and private employers in Seattle.

Timing of inquiry: Employers in the city of Seattle may not inquire into criminal history until after the employer has identified qualified applicants.

Adverse action implications:

  • Pre-adverse action. As part of the pre-adverse action process, you must inform the applicant which specific convictions relate to the job’s responsibilities, thus warranting a denial.
  • Holding job open: Employers must hold a job open for at least two business days after providing a candidate with a pre-adverse action notice.
  • Individualized assessment: This location requires employers to perform an individualized assessment prior to final adverse action.

Spokane, WA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the city of Spokane, WA.

Timing of inquiry: Public sector employers for the city of Spokane may not inquire into criminal history until the City has determined that the applicant meets the minimum qualifications of the job.

Adverse action implications: None

Tacoma, WA - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Tacoma, WA.

Timing of inquiry: Public sector employers for the city of Tacoma may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment. This location requires employers to conduct an individualized assessment prior to final adverse action.

District of Columbia

  • Local ban-the-box laws
District of Columbia
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public and Private Sector

Who must follow: This ban-the-box law applies to all employers in the District of Columbia who employ more than 10 people within the District.

Timing of inquiry: Employers in Washington, DC, may only inquire into criminal history after making a conditional offer.

Consideration of records: The employer may only ask about criminal conviction(s) and pending cases. The employer can never inquire into arrests or criminal accusations that aren't pending.

Adverse action implications:

  • Pre-adverse action notice: A copy of the document Notice of Right to File Complaint must be included with a pre-adverse action notice.
  • Individualized assessment: Employers covered under this law must conduct an individualized assessment prior to sending a final adverse action notice.
  • Revocation of conditional offer: An employer may only take an adverse action against an applicant for a legitimate business reason. The employer’s determination of a legitimate business reason must be reasonable in light of the individualized assessment, which incorporates EEOC criteria.
  • Candidate's right to access: If an applicant believes that a conditional offer was terminated on the basis of a criminal conviction, the applicant may request, within 30 days after the adverse action, that the employer provide the applicant within 30 days after the receipt of the request:
  1. A copy of any and all records procured by the employer in consideration of the applicant, including criminal records; and
  2. A notice that advises the applicant of his or her opportunity to file an administrative complaint with the Office of Human Rights.
See Law

West Virginia

No state or local ban-the-box laws

West Virginia
Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in West Virginia and no additional adverse action requirements beyond the FCRA as of the latest update.

Wisconsin

  • State ban-the-box laws
  • Local ban-the-box Laws
Wisconsin
Last Updated: August 2017

Guidance: Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

State Laws — Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the State of Wisconsin.

Timing of inquiry: Public sector employers for the state of Wisconsin may only inquire into criminal history after the applicant is certified for the position.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.
See Details

County Laws

Dane County, WI - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Dane County, WI.

Timing of inquiry: Public sector employers for Dane County may not inquire into criminal history on the job application.

Adverse action implications:

  • Pre-adverse action. As part of your pre-adverse action process, you must inform the applicant which specific convictions could lead to final adverse action.
  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

Madison, WI - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers and city contractors for the city of Madison, WI. City contractors are only required to comply with this law if awarded a contract over $25,000.

Timing of inquiry: Public sector employers and city contractors for the city of Madison may only inquire into criminal history after a conditional offer of employment.

Adverse action implications: 

Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

Milwaukee, WI - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for the City of Milwaukee, WI.

Timing of inquiry: Public sector employers for the city of Milwaukee may only inquire into criminal history after the candidate is placed on an "employee eligibility list."

Adverse action implications: None

Milwaukee County, WI - Public Sector

Who must follow: This ban-the-box law applies only to public sector employers for Milwaukee County, WI.

Timing of inquiry: Public sector employers for Milwaukee County may not inquire into criminal history on the job application.

Adverse action implications: None

Wyoming

No state or local ban-the-box laws

Wyoming
Last Updated: August 2017

Guidance: There are no state or local ban-the-box laws in Wyoming and no additional adverse action requirements beyond the FCRA as of the latest update.