Author: David B. Weisenfeld, XpertHR Legal Editor
The introduction of federal Ban the Box legislation by Rep. Hansen Clarke (D-MI) in late July 2012 highlights the recent movement to prevent employers from treating all criminal convictions as a sort of "Scarlet Letter."
Ban the Box refers to the "box" on job application forms where prospective employees are asked whether they have ever been convicted of a crime. Clarke's bill would make it illegal for employers to ask applicants such questions until a conditional job offer has been made.
The legislation has its share of opponents. Nonetheless, a host of big cities and some states already have enacted laws prohibiting employers from asking applicants if they have been convicted of a felony on initial application forms.