Nebraska Now 11th State to Ban Criminal History Box on Job Applications
Author: David B. Weisenfeld, XpertHR Legal Editor
April 29, 2014
Nebraska has become the 11th state, and the first so-called "red" state, to pass a "ban the box" criminal history law. "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.
Governor Dave Heineman signed a criminal justice reform bill on April 17 that includes a provision banning public employers from asking an applicant, either orally or in writing, about the applicant's criminal record until after the employer has decided that the applicant meets the job's minimum requirements. The state legislature had approved the bill by a 46-0 vote.
Law enforcement agencies are exempt, as are school districts requesting specific information. The new law also does not apply to private employers. In addition, an employer may still conduct background checks and ask criminal history questions after an applicant has completed the first stage of the hiring process in filling out a job application.
The following four states go a step further than Nebraska and ban criminal history questions at the job application stage for both public and private employers:
- Hawaii;
- Massachusetts;
- Minnesota; and
- Rhode Island.
Meanwhile, six other states have enacted "ban the box" laws that are limited to public employers and, in a few cases, state licensing agencies:
- California;
- Colorado;
- Connecticut;
- Illinois;
- Maryland; and
- New Mexico.
More than 50 cities have also enacted "ban the box" ordinances. With prison overcrowding and recidivism a major problem, these criminal history laws are intended to give ex-offenders a chance to prove their qualifications in an interview setting while eliminating extra barriers to re-entering the workforce.
The Equal Employment Opportunity Commission (EEOC) has taken the position that criminal history questions should not be used as an automatic bar to employment. The EEOC views blanket policies against hiring former criminals as having a "disparate impact" on minority applicants that may violate Title VII of the Civil Rights Act.