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'Ban the Box' Legislation

By Eugene K. Connors and Meghan Offer

To prevent job applicants with criminal records from being automatically rejected, cities and states are considering and already adopting so-called “Ban the Box” laws and ordinances. Among the states that have adopted such laws are Connecticut, Hawaii, Massachusetts, Minnesota, and New Mexico, and the cities of Atlanta, Baltimore, Chicago and Philadelphia. Among those mulling such legislation are Rhode Island and Nebraska, and the city of Pittsburgh, PA.

A growing number of cities and states are implementing “Ban the Box” types of legislation in what is being described as an effort to ensure that employers are implementing fair measures when screening and identifying persons who may or may not have criminal records ' and to assist in the successful reintegration of formerly incarcerated persons back into the community. While the policy considerations behind “Ban the Box” type of legislation should be lauded, the reality is that this type of legislation can unintentionally create impossible hiring decisions and pose huge legal risks for employers.

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