As part of the "Ban the Box Act," a recent House Bill would prohibit employers from asking applicants about criminal convictions unless (1) a conditional offer of employment has been made or (2) granting employment could pose unreasonable safety risks. Under the Bill, the Equal Employment Opportunity Commission would be required to issue rules and guidelines defining the employment categories in which an individual's criminal history could pose such a safety risk and the factors to consider in deciding whether criminal history poses an unreasonable risk. The goal of the Bill is to curtail recidivism: those with convictions who cannot find jobs are more likely to commit additional crimes, according to the Bill's sponsor. Regardless of whether the Bill passes, employers should exercise care and good judgment when asking applicants about their criminal history.
Register Now As you are not an existing subscriber please register for your free daily legal newsfeed service.
RegisterIf you have any questions about the service please contact customerservices@lexology.com or call Lexology Customer Services on +44 20 7234 0606.
Federal "Ban the Box Act" seeks to outlaw questions about criminal convictions prior to a conditional job offer
- Fenwick & West LLP
- Michael A. Sands and Sheeva J. Ghassemi-Vanni
- USA
- August 16 2012
-
If you are interested in submitting an article to Lexology, please contact Andrew Teague at ateague@lexology.com.
![]()
Audrey E Mross
Labor & Employment Attorney
Munck Carter LLP
