Georgia Becomes First Southern State With Ban the Box Law

Author: David B. Weisenfeld, XpertHR Legal Editor

February 25, 2015

Georgia has become the 14th state overall, and first in the south, to "ban the box" on job applications. "Ban the box" refers to the box often included on job applications that prospective employees are asked to check off if they have ever been convicted of a crime.

On February 23, Governor Nathan Deal signed an executive order prohibiting state agencies from using prior criminal history to automatically disqualify applicants from consideration in the hiring process. The measure does not apply to private employers.

While Georgia's new policy prohibits criminal background questions on applications, it permits them at the interview stage. However, Governor Deal's order states that it aims to provide qualified applicants with the opportunity to contest the relevance of a criminal record and provide information that demonstrates rehabilitation. He also notes that over 1,300 offenders reenter society every month without employment.

The new order includes exceptions for sensitive governmental positions in which a criminal history would be an immediate disqualification, such as for prison guards or security officers.

The City of Atlanta already has a "ban the box" policy that applies to city job applications. More than 80 cities and counties nationwide have adopted such policies, including some that go further and apply to private employers and until a conditional job offer has been made. Of the 14 states that have enacted "ban the box" laws, six apply to most private employers. These include:

  • Hawaii;
  • Illinois;
  • Massachusetts;
  • Minnesota;
  • New Jersey; and
  • Rhode Island.

The EEOC stated in a 2012 Enforcement Guidance that before any employer precludes an applicant with a criminal record from employment, it should give the applicant a chance to explain the circumstances and why he or she should not be excluded from consideration.