California Ban the Box Law Takes Effect

Author: David B. Weisenfeld, XpertHR Legal Editor

July 1, 2014

Effective today, state and local government employers in California may no longer ask for criminal record information on job applications. Public agencies may still inquire about convictions later in the hiring process, after it has been determined that an applicant meets the minimum qualifications for the position. Covered employers should ensure that their employment applications are in compliance with the new law.

This California law is part of a nationwide trend to prevent employers from treating all criminal convictions as a sort of "Scarlet Letter" that may have a disproportionate impact on minority job applicants by automatically excluding them from consideration. These measures have become known as "ban the box" laws, referring to the "box" on job application forms where prospective employees are often asked whether they have ever been convicted of a crime.

The new law exempts applications for jobs that require a criminal background check. For example, police officers will be exempt. In addition, the law's definition of a state or local government agency does not cover community colleges and jobs with K-12 school districts.

Employers should be aware that while this California measure does not apply to private businesses, some city ordinances will go beyond state law. For instance, as of August 13, San Francisco will extend its "ban the box" law to cover private employers with 20 or more employees. In addition to prohibiting criminal history inquiries on job applications, the ordinance will bar employers from seeking an applicant's criminal background information until after the first "live" interview has taken place.

Meanwhile, the City of Richmond, California bans private employers that contract with the city and have 10 or more employees from asking job applicants about their criminal history at any point in the hiring process. The law applies regardless of where the employer is based, but does make exceptions for certain positions, such as for police officers, school teachers and those with jobs working with the elderly.

In all, 12 states have now passed "ban the box" laws with other states considering similar measures. Of those 12 states, only four prohibit private employers from asking criminal history questions on job applications. Those states are:

Illinois may soon become the fifth state with a "ban the box" law that extends to private employers. Its measure recently passed the state legislature and is awaiting Governor Pat Quinn's signature. He has previously voiced support for the measure.